When the screws are tlghtened, they pinch the shell between the flange the base, and the lugs, holding them securely in position. The feature here referred think, a manifestly important part the invention. It not, as has been argued, merely functional. It constructive, the construction for which provides being a socket in which the shell daim held in pos ition by pressure the screws mentioned in both claims.
Therelore we cannot agree that claim contains nothing patentable over claim The appellants propositions upon the question infringement are that the appellants apparatus not an infringement, because, far as claim i concemed, has neither the recess, b', nor any equivalent thereof, and because, as daim does not rely upon pressure hold its shell in position, but upon a bayonet joint. It true that the appellants recesses appear shallower and wider than those shown in the patent in suit but that they actually exist, and, notwithstanding their apparent differences, serve the same purpose as those the patentee, and accomplish that purpose in substantially the same way, though perhaps not eiïiciently, think obvions. Therefore, though not proportionally and in shape the same, in ail that essential they are identical. The testimony complainant's expert upon this subject convincing and from his elucidation the prior art, which agree with the court below in approving, clearly appears that exhibits nothing which would justify in limiting this recess feature the L,ange construction as admit the appropriation the entire conibination which an element, any one ingenious enough to devise such merely colorable professional article writing services changes in. that feature as are relied upon these defendants relieve them from the charge infringement. As the contention that in the appellants apparatus pressure is not relied upon hold the shell in position, need only say that an inspection that apparatus, and examination the evidence, leaves in no doubt that the court below was right in finding that the shell in fact, held in position pressure, and adopt the statement the learned judge that court that inspection the two sockets will show at once, that there scarcely any room dispute that in each the shell held in place the same means, and that the bayonet joint the defendants socket would ineffective without the screws. Indeed, this in effect, admitted Mr. Proctor, a witness for the defendants below. He testified that the duty the wire man in putting the defendants sockets, after has fitted the shell the cap, screw up the screws as far as they will that, if the screw tightened as much as possible, the shell will held tightly between the lugs and the flange the cap and that the purpose screwing these screws as far as they will hold ail the parts the socket For the reasons stated, are opinion that the Circuit Court was right in holding that the claims in suit were valid, and that they had been infringed the appellants, and therefore the decree of that court afïirmed, with costs.
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It unnecessary write an opinion, since we concur substantially with the reasoning and conclusions the judge who heard the cause in the Circuit Court.
We are inchned, however, rest the conclusion that the patented device must construed so closely as not include defendants pens upon the pens, etc.
whose prior use was abundantly proved, rather than upon the patents under which those pens were made. The literature the art shows ink ducts in which where to buy college papers are inserted separable reeds or strips in such manner that between them and the walls the duct there are longitudinal spaces small enough permit the capillary action which the complainant's fissures provided for. In the prior patents, however, these reeds or strips are prolonged for the entire length the ink duct, and the tip brought into contact with the pen. Each reed or strip thus performs two unctions co-operates with the side wall's the duct produce capillary action, and, being vibrated in the act writing, conyeys an agitatory motion the ink.
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In the prior pens, etc.
however, the tip contacting with the pen eliminated, and the vibrator or agitator method assisting the ink duct abandoned, and the only function left for the reed or strip the co-operation produce cheap article writing service capillary action. In view the proof that such pens were in actual use before Waterman's improvement was made, concur in the opinion, and affirm the The Surdon patent, for a process manufacturing compound ingots for seamless plated wire, for use In the jeweler's art, by placing a base metal core within a seamless shell gold, leaving an annular space between them Into which is forced a tubular sleeve solder, the whole being executive resume writing services then heated until the solder fused, unlting the core and shell with a uniform thickness the same, was not anticlpated, and Is valld. Such patent infrlnged the use a process which Is substantlally the same In principle, mode operation, and the efEect produced, the only difference being in the manner in whlch the three parts the product are assembled, as Inserting the sleeve solder into the shell and driving the core In afterward, which merely a variance in the mode uslng the same process, and one which described as such In the specification the patent The question whether a patentee bas abandoned any part what he has described professional cover letter writing service in his patent largely one intention, and the fact that while the specification a process patent describes two or three ways performing one the steps the process which are equivalent but one mentioned In the claims does not constitute an abandonment of Upon the question the utility a patented device or process, the fact that was the first achleve practical and commercial success of Infringement a process patent Is not avoided reversing one the mechanical steps the process, where the purpose and resuit the step the same, as expanding an inner tube, Instead compressing an outer one, for the purpose bringing the two into close contact. as complainant in the case. The action record may taken in the case the supplemental bill, as this bill shows the present parties the controversy.