Hows v. Nmnmns. 41
essential part of the invention; and although he says that packing
the bundles for shipment forms no part of the invention, still it seems
clear that one object of the patentee was to make packages of a pecul-
iar form, which might be conveniently and economically packed,-with
reference to the space to be filled, in circular vessels.
The original patent consisted of two claims: The first was for the
device described, for packing stick-candy in triangular-shaped pack.
ages, consisting of the block provided with the angular recess, as set
forth; and the second was the method described of packing stick-
candy in triangular-shaped packages, consisting of Hrst placing the
wrapper in the recess, and then placing the stick-candy in the paper
in the recess, until the bulk attained approximately the shape of the
recess, then folding and creasing the wrapper against the ends of the
stick-candy, and finally removing the wrapper and contents from ·
the recess and completing the folding of the wrapper as described;.
the general result of which was the making of packages of stick-candy
in this form by the devices mentioned. 5
Although the specincations of the original patent speak of the
paper being folded in any suitable manner that will form a neat and
compact package in outline, it qualifies this general description by
declaring: "As will be hereinafter more fully described and particu-
larly pointed out in the c1aim.” And if we refer to the second claim,
there seems to be great force in the position that it includes the par-
ticular manner described in which the paper is folded around the
sticks of candy.
e If we turn now to the reissue, we find that the patentee claims
that he has invented an improvement in packages for shipping
candy-sticks in cylindrical vessels. The drawings are substantially
the same as in the original, there being some additions to the letter-
ing by way of description of particular parts. He gives a much more
elaborate description of the manner of folding the wrapper, and adds
that it may be folded in any suitable manner to form a neat and
compact package in outline; and although he deems the manner de-
scribed preferable, it is not essential, for the main object in forming
these packages, he says, is to maintain a series of candy-sticks in
triangular or prismatic packages, so that a number of packages may
be packed with great economy of space in one or more layers in a
cylindrical shipping-case; but he distinctly declares in the reissue
he does not claim the wrapper or envelope shown, because he proposes
to claim it in a separate application. ·
In the reissue, the two original claims are expanded into six. The
nrst claim is for the package with an envelope or wrapper substantially
as described, so that if the package is made up in the manner described, `
without regard to the application of the die or recess in the block al-
ready mentioned, it would seem to be within this claim; the second is
the combination of the package with a cylindrical shipping-case; the
third is the combination of the package within an envelope or wrap- Y ·