Page:Federal Reporter, 1st Series, Volume 8.djvu/932

918 PBDEBAL BEFOBTEB. �erly stated here. The collar is designed to slip over or slide down to position on the burner. It is unprovided with any means o£ making it fast, and is quite obviously too insecure to permit its use to advantage. A mere touch will disturb its position and cause the globe sustained by it to topple over, lose its equilibrium, and fall. The flat center or disk of the oomplainant's patent, on. the eontrary, is designed and adapted to encircle the screw-shank of the gas fixture, and betheresecurely held against possibility of accidentai disturbance by the burner, which is screwed down over it." �This part of the case tums upon whether the patent covers these differences; for, if it does not, then this exhibit shows all of the orator's invention that is patented, and, if properly shown to have been known and used prior to the invention, anticipates it, although. it may not show all that is mentioned or deseribed in the patent, or all that it may be thought that the orator invented. In this view it is to be noticed that there is nothing in the patent about a flat center or disk designed at^d adapted to encircle the screw shank of the gas fixture, and be there securely held by the burner screwed down over it; nor any allusion to the disk, or to riveting the arms to it, as necessary, or otherwise, except that, in the description of the draw- ings, it is said that the "arms are to be fastened to the burner in any Buitable manner, as by riveting to a disk having a central aperture through which the burner passes ; " and in stating the advantages of making the arms in separate pieces, where it is said that "if they and the disk or hub, or an equivalent center, were all formed in one piece, considerable loss of material would be incurred;" and in the second claim, which, as before recited, is for "the improved globe- holder herein deseribed, consisting of the disk or center having aperture for the passage of a gas-bumer, and spring or elastic arms, terminating in hooked or curved ends for the purpose, substantially as set forth." , �The patent is not for what is deseribed, suggested, or hinted at, anywhere in the patent, but is for what is fairly deseribed some- where, and covered by the elaims of the patent, although the whole is to be looked at in order to aseertain what the elaims do really cover, especially when the elaims are like this second one, and are for the things mentioned in the claim, as set forth, or as deseribed, or with other equivalent words, as is very eommon. This second claim, read with all the advantages of such construction, does not cover elastic arms with a disk merely, for, by its own words, it extends to a disk or center, and the center may not be a disk, although either must have an aperture for the passage of a gas-bumer; and when the specification is looked to for the globe-holder, consisting of these ��� �