38 FEDERAL REPORTER.
The defendant should have an opportunity to answer and reduce the
recovery claimed.
It is ordered that the case be remanded to the district court, with
directions to affirm the judgment, with costs, unless the defendant
pays the costs of the demurrer and writ of error, withdraws the de-
murrer,_and answers within 30 days.
Uonmns Company zz. Cons and others.
(Circuit Court, D. Mass.·¤chusett.s. July 30, 1884. )
P.yrm:·r-Cons WRENCH—COLLINS Conrsur o. Cons, 5 BAN. & A. 548, Ovmn-
, BUT:;; implication to the bar of the (Joes wrench, for the purpose of securing
and supporting the step and resisting the strain, of a nut already in use for the
same purpose on the Hewitt or Dixie wrench, lacks the novelty of invention
requisite to support a patent, within the decisions of the supreme court at the
last term, which, in effect, overruled the decision of this court in the suit of
the Collins Company v. Goes, 5 Ban. du A. 548.
In Equity.
Thomas H. Dodge, (of Worcester, Mass.,) for defendants.
W. E. Slmoncls, (of Hartford, Conn.,) for complainant.
Before Gnu and Nnnsoiv, JJ. l
Gnu, Justice. This is a bill in equity for the infringement of the
· first claim in the specification of the second reissue to the complain·
ant, dated February 25, 1873, of letters patent originally issued to
Lucius Jordan and Leander E. Smith, on October 10, 1865, for an
improvement in wrenches.
The wrench, as described, both in the original patent and inthe
reissue, has the following parts: The wrench-bar, A, the upper part
of which is of the usual shape, and has attached to it the movable
jaw, B, and the lower part of which is of convenient form to receive '
upon it the wooden handle; a screw-rod, O, parallel to the main bar;
a rosette, D, at the lower end of the screw-rod, by means of which
the mpvable jaw is worked; a ferrule or step, E, having a hole through
it for the admission of the bar, and a recess in its upper face as a
bearing for the lower end of the screw-rod; a nut, F, screwed on a
thread in the bar, under the step, and having a recess in its under
face to receive the top of the wooden handle, G; and the wooden
handle secured at its lower end to the main bar by a nut in the usual
way.
Both the original patent and the reissue state that the object of the
invention is to make the strain come upon the nut F, instead of com-
ing upon the wooden handle. The original patent states that the
nut F is, and the reissue states that it may be, screwed up nrmly
!