Page:Federal Reporter, 1st Series, Volume 1.djvu/615

KIRBY BUNG MANUF'G CO. V. WHITE. 607 �I considered it of no force. Just so in the Alabama case. It was another one of collusion. Perhaps there bas been a more remarkable illustration arising out of the milling cases, concerning what are known as the "new process" patents. An alleged collusive case arising as to these patents went to the supreme court. �When one of these matters is presented to the jadges of the circuit court they are bound to see whether it was a "consent" or collusive decree, in order to form a basis on which the party obtaining it might go through the country levying tribute. Such is not this case. This is an honest case — has been fuUy considered, and everything connected with it appears to be a fair and honest contention. In mak- ing these remarks I make them in a general way. Here is a case -which has been decided after a fuU and fair contest by parties struggling for their respective interests in the matter. �We corne now to a consideration of what the patent is. As already stated the matter in controversy here is as to one of a number of devices to effect a particular end. It is a little remarkable that in this case there is no disclaimer. Ordinarily, after the specifications set out the condition of the art, etc., it disclaims certain things. This patent does not. The patentee divides his claims into five parts. H is alleged that the fourth claim is infringed. Without a model of the drawings those who listen to me coukl hardly understand the claims of the patent. We find that the principal object was this : that inasmuch as the old cutting board, which con- stantly became frayed or chipped when a fish-mouth chisel was used, and great difBculty and trouble occurred, Mr. Kirby invente d an automatic contrivance by which through (or over) the fish-mouth chisel there would be conveyed little square blocks, the diameter of which would be the diameter of the bung desired, with a slide pushing over the mouth of the chisel one block on top of another. But the chisel being fish- mouthed of course it would be passed into the upper block a short distance ; and that block thus answers the ordinary purposes of a cutting board, sliding another on top of that, so that it continued successively to utilize each block and give ��� �