Page:Federal Reporter, 1st Series, Volume 10.djvu/926

914 FEDERAL REPORTBB. �The defences of want of novelty and of public use and sale of tho invention for more than two years before the application for the pat- ent are urged by the defendant. The latter defence is not set np in the answer, but the plaintifif appears desirous of having it considered under the proofs. �There is no satisfactory evidence that the plaintiff, either by him- self or by his agents, allowed his sleeve supporter to be in public use or on sale at any time prior to two years before April 9, 1878 ; or that a structure substantially like his waa in public use or sale at any time prior to two years before April 9, 1878. The date of any sale by Taylor Brothers cannot be fixed earlier than January, 1877. There was no sale by Shelby before the last part of 1876. The Thomas transaction was in May, 1876. The evidence as to sales by Eollins does not show, beyond a reasonable doubt, that such sales ■were made before April 10, 1876. �Defendant's exhibits 1 and 2 are arranged to penetrate or pass through at one end one portion of the article to be supported, while at the other end are loops or hooks to pass over or around buttons or isome other previously-arranged attaching means formed upon the garment. Defendant's exhibits Nos. 3 and 16 have no hinged jaws, and require a further shortening of the garment to allow of attaching or disengaging the wires, and the device is liable to lose its hold and cannot seize the margin of a garment. Defendant's exhibit No. 21 is the patent to Eobbins, No. 88,984, and defendant's exhibit No. 5 is a garter made according to that patent, in part. They show de- vices the structure of which is such as to neoessitate the penetration of the garment at eaeh end of the webbing by the devices. The Eob- bins patent is the only one of the prior patents referred to by the patent-office (except No. 156,429) which bas been put in evidence by the defendant. It shows two like devices at each end of a piece of webbing. It is of the date of 1869. But the existence in it of identity between the fastening devices at each end of it does not, in view of the evidence as to the invention by the plaintiff of the clasp and of the supporter, and of the characteristie features of the sup- porter, show a want of patentability in the invention of the supporter. �The EUis patent, No. 137,539, requires a button at one end of the device. The Cook patent. No. 55,064, has no clamping jaws, and no webbing with holding means at each end of it. The Kendall or Vail patent. No. 61,011, has no clamping jaws on each end of a strap of webbing. Defendant's exhibit No. 22, the Demorest book, is not ��� �