Page:Federal Reporter, 1st Series, Volume 1.djvu/417

BABCOCK V. JODD, 409 �uhoulcler B, with flange C, stem a, and spring b, ail as and for the purpose set forth." �The plaintiffs endeavor to have the claim construed to mean the combination of screw socket, a sliding boit pro- vided with a thumb pad and stem, and the spring, so that a sliding boit, if provided with a thumb pad and a stem or leg of any sort, -would be included within the patent. This is not the obvions meaning of the claim or of the specification. The specification describes the stem with more particularitj than the patentee used in regard to the other parts of the combination. Indeed, but little description of the elements of the device was necessary or was given, as the different parts were well known, and were clearly shown in the draw- ings. The patentee intended to claim the combination of screw socket, sliding shoulder with flange, stem a, (the last two elements constituting a well-known form of boit,) and the spring. The stem is made, in the patent, as important a member of the combination as any other. �This combination was noyel and viseful. It is admitted that the defendants bave infringed the patent by the manufacture and. sale of articles like Exhibit 4, which are the plaintifî's catch with a double stem. �The defendants have also made and sold articles which were known upon the trial as Exhibit 5. The question in the case is wlicther the form of sash-holder is an infringement. �The catch consists of a cylindrical screw socket, the bottom of the socket having no hole. The boit has the plaintifE's sliding shoulder and thumb pad, but the defendants have, with a good deal of ingenuity, made a somewhat clumsy new hub or stem in place of stem A. Instead of the slender, round stem, whose diameter is no larger than the thickness of the shoulder, the diameter of the defendants' hub is greater than the thickness of the bottom of the boit, whereby two shoulders are formed at the junction of the body and hub, which shoulders enlarge the boit at that point sothat movement out- ward or toward the window is limited. The hub has a socket to reçoive the spring, and its inner end has four radial arms or prongs, which extend outward far enough to span substan- ��� �