Page:Federal Reporter, 1st Series, Volume 8.djvu/342

328 FEDBBAIi. BBFOBISB. �James E. Maynadier, for complainants. �George E. Terry and Causten Broione, for defendant. �LowELL, C. J. The complainants are the owners of patent No, 167,395, isBued December 1, 1874, to Calvin Hersonie, for an improve- ment in buckles. �"This invention," says the specification, "pertains to the buckle of a boot or shoe ; and it consists in the combination with aud application to a buckle of ordinary construction of a two-pronged plate, which is hung on the cross-bar of the buckle that carries the biickle-prong, and has its prongs shaped for easy insertion in the leather strap, and for their being bent towarda each other, as will hereinafter fully appear. " �The buckle is then described with due reference to the drawings. The claim is for — �" The buckle-f rame. A, having the central cross-bar, a, and the buckle-prong, B, pivoted to said cross-bar, iu combination with the plate, C, hinged to said cross-bar, a, and liaviiig the prongs, 6 6, as iind for the object specified." �The drawings and description show a simple and convenient motliod of clamping'a buckle to the fixed part of the strap by a thin plate formed with a prong at each en:l, which, after being inserted in the leather, are bent down and hold the buckle very firmly in place. The defendant's buckle is like the Hersome buckle, except that the prongs are arrangea one behind the other, so that the points do not bend towards each other. I suppose they might be so bent that the prongs would approach each other somewhat. �If the patent is valid, and eovers a buckle with its plate, with prongs forming a part of a plate suitable for clamping the buckle, whether bent towards each other or not, the defendant is liable. ' The Smith patent, June 6, 1865, No. 48,135, and the Talcott pat- ent, July 25, 1871, No. 117,347, are relied upon by the defendant as anticipations of the Hersome, or as calculated to reduoe it to very small dimensions. Buckles made under both these patents have been found useful in the trade. The Smith, or Smith & Griggs, or " Anchor" buckle, as it is called from its shape, has the construction of the Her- some, except that the permanent connection with the standing part of the strap was not made by clamping, but by inserting the end of the plate, which is formed with two projections, into a slit, and turning it half round. This connection is looae and inconvenient. By a slight change in the shape of the projections they might be inserted into two slits and clamped. The actual construction of the Anchor buckle does not suggest such an alteration, and when made the clamp would not be good for much. ��� �