Page:Federal Reporter, 1st Series, Volume 8.djvu/620

606 PEDEBAL BEPOETEB. �ing the cylinder, A, in or out, as the nature of the case may require. It will be seen, from this description, that provision is made for adjusting roi 1er, d, by means of screw cylinder. A, not heretofore used, and prevent too great a longitudinal motion of shank, C. �"The daim was for the combiuation of the screw cylinder, A, shank^ C, spring, I, and fork, c, with the roller, d, substantially as and for the purpose set forth." �The re-is8ue, taking advantage of the expression in the original, "screw cylinder, A, not heretofore used," says that — �" The invention consista in the cylindrical screw-case, adapted to be placed and secured in position by screwing it into the jamb casing ; also, in the com- bination, with said case, of a longitudinally-moving and flat-sided plunger, fltted into a flat-sided bearing in said case; also, in a general combination of parts, all as hereinafter described." �The claims are three in number, of which the first and second are asfollows: �"(1) In a sash supporter, the cylindrical case having a screw-thread on.its periphery, an internai longitudinal spring-chamber, and two bearings for the plunger, substantially as described, and for the purpose specifled. (2) In a, sash supporter, the cylindrical case having an external screw-thread and two plunger bearings, one of which is flat sided.in combination with the longi- tudinal plunger, fltted to said flat-sided bearing, and having, also, a projecting end of corresponding form, adapted to receive a wrench for turning the case to screw it into the jamb, substantially as described, and for the purpose specifled." �The defendants manufacture, under lettera patent to Franklin Babcock, dated September 29, 1868, a window spring-oatch for sup- porting a window at a certain height, or heights, the boit to be held in notches eut in the edge of the sash. This device bas "a cylindrical shell-case, having a screw on its outer periphery, for the purpose of screwing it fast to the window-frame." The patent says that all the several parts are old, and claims only the specified combination. �The only question in the case is as to the infringement of the first claim of the re-issue. The second claim is not infringed because the plunger must have the described roller or its equivalent. �This case shows the mischiefs whicji sometimes resuit from long- postponed re-issues with expanded claims. Schaefer invented in 1867 a device for preventing Windows from rattling. It was to press against loose sash so as to prevent lateral motion, and so as to push the sash towards the sida upon which the lock or fastener was placed. The claim of his patent was for the combination of the various parts. One of the defendants, who are mannfacturers of builders' hardware, invented in 1868 a window-catch for holding up a window, and ��� �