Page:Federal Reporter, 1st Series, Volume 9.djvu/926

COES V. THE C0LLIN8 00. 9^11 �resisled by the shank. Taft brought the pressure back to the main bar by taking it off by the grooves and rosettes, before reaching the plate, thus relieving not only the wooden handle and the end nut, but also the plate. He did this by right-angled grooves and rosettes, interposed before reaching the plate. If the first claim of the reissue claims any more than this it cannot be maintained. As a claim to so constructing a Coes wrench of 1841 that the back-thrust shall be ' borne by the shank ultimately, through the plate and the handle and the end nut, it would cover the Coes wrench of 1841. As a claim to having the shank bear the thrust at some points before the handle is reached, without reference to the mechanieal means, it is invalid. It must be regarded as a claim to the means shown "substantially as described." As such it is not infringed. Taft left the plate and tho handle and the end nut outside of the course of the back-thrust. The defendant's wrench does not leave the plate outside of such course. In it the thrust acts fully on the plate, and a screw nut is interposed between the handle and the plate, having on it and on the shank the usual spiral threads. The two inventions are inventions in different directions, though both have a common ultimate object and design. The wooden handle is relieved in both ; but that is not sufficient to make out infringement, The plate is relieved by Taft and not by the defendant. Claim 1 of the Taft reissue must be read as a claim to an improved Coes wrench, constructed substantially as described. What is said in it about the bearing of the thrust by the shank instead of the handle is merely a statement of a resuit which the construction will afiect, and is not a statement of means or mechanism. It is a claim to means, to the mechanism described, which effects the resuit stated. The means employed by the defend- ant are different, and are not a mechanieal equivalent for the means in the reissue. �The bill is dismissed, with costs. ��� �