Page:Federal Reporter, 1st Series, Volume 9.djvu/674

 CRANDAL V. WALTERS. 659 �Crandal V. Walters and another.* {Oireuit Court, S. B. New York. December 13, 1881.) �1. Lbtters Patent— Box-Loops fok Cabriaoe Tops— Rbissub. �The original patent No. 95,004, September 21, 1869, was for "a boxloop, struck up or cast from one piece of tliin metal, with lugs or spurs upon its edges, and applied to a carriage top by passing said lugs through the same and through a metal plate, and bending them down upon the surface of said plate." Edd, that the invention was really of the loop ready to be afflxed, and that the •plaie was only an adjunct, making the article better, but not of the essence of the invention, and that a reissue which claimed " the box-loop formed out of thin plate metal, with lugs or spurs projecting therefrom to afflx it to a car- riage top, either with or without the plate," was good and valid. �2. Infbingembht. �Reissue No. 6,974, for a box-loop having a top and two sides, with lugs or spurs projecting from the edges or corners next the surface to which they are . to be applied, KM to be infringed by a loop having a closed bottom, with lugs punched out of the bottom. �3. NoTBi,TY — Adaptation op Om> Appliancks. �Almost all inventions at this day that become the gnbject of patents are the embodiment and adaptation of mechanical appliances that are old. In that consists the invention. �4. Double Use. �Where an article exists in a given form, and applied to a given use, and is taken in substantially the same form and applied to an analogous use, so as to make a case of mere double use, there is no invention. .1. Pbior Devicb not Antioipating Patent. �A device will not anticipate a subsequent patent where it cannot be used as a substitute for the device desci'ibed in the patent without invention. �In Equity. �i^eri P'iM and Charles M, Stone, for plaintiff. �A. V. Briesen, for defendants. �Blatchford, C. J. This suit is brought on reissued letters patent No, 6,974, granted to Charles H. Davis, March 7, 1876, for an "im- provement in box-loops for carriage tops;" the original patent, No. 95,00e, having been granted to him September 21, 1869. The spec- ification of the reissue is as follows, reading what is outside of braok- ets and what is inside of brackets, and omitting what is in italics : �"Figure 1 is a perspective view of the loop, with straps and huohles corrv- plete, attaohed to a pieoe of leather or section of a carriage top, B. Figure 2 is a perspective view of the loop ready for use. Figure 3 is a plate or cap used on the hack or inside of the top, B, for securing the loop, A. Figure 4 is a sross-sectional view of the whole c omplete. Similar letters of reference indinate oorresponding parts. My invention has for its object [an improvement in] to imprpve the construction of box-loops for carriage [tops,J triuimings, [etc.] �' «Reported By s. NeISbb White, Esq., or the Xevk- Yorkbar. ■ ■ ��� �