» 32 . FEDERAL REPORTEB•
»:E.--W. Dickerson, Jr., for complainants. c V
.Fh2at dc Coe, for defendants. _
Wanracs, J. The issue in this case involves the alleged infringement
by the defendants of the hrst, second, fourth, and fifth claims of letters
patent N.o. 206,565, bearing date July 30, 1878,‘granted to Charles B.
Harris for "improvement in fare registers " and owned by the complain-
.» ant. The charge of infringement of the fifteenth claim of the patent has
been abandoned by complainant upon the hearing. The defendants in-
sist that the fare register used by themis not an infringement of these
claims, when limited, as they contend should be done in view of the `
prior state of the art, to the specific mechanical devices which constitute
the novelty of the combination; and they also insist that the claims are
void for want of novelty, unless thus limited. No other issue is pre-
sented by the proofs, and the defendants rely wholly upon documentary
evidence, as explained by their expert, to sustain their position.
The improvements set forth in the patent belong to a class of devices
which are designed to guard against the fraudulent manipulation of fare
registers used on the cars of street railways, and analogously, by requir-
ing the collector of fares to make a registry for eachcollection which
cannot be omitted without exposure to detection, and which, when made,
cannot practically be obliterated. As stated in the patent, the object of
invention is-
" To furnish a fare register provided with means, etc., whereby the amount
of fares or collections made during the travel of the cars or vehicle in each
direction, will be permanently recorded and ascertained."
. The patent describes the invention as follows:
` "My invention consists of a fare register having an indicator or sign by
which the direction of travel may be known, so organized that the indicator
may not be changed to indicate a different direction of travel, without first
making a permanent record of the fares collected. It further consists of the
combination, w-i·th the registering mechanism of a fare register, of an indi-
· cator or sign showing the direction of the travel ofthe vehicle, inclosed in
“ the same casing or receptacle with the registering mechanism, the indicator
being so organized that it cannot be changed to indicate a different direction
of travel, without first bringing the register to zero, or in a position indicat-
ing no registry. It further consists in the combination of primary register-
ing mechanism, secondary permanent or transfer registering mechanism, and
an indicator or sign showing the direction of travel, the indicator being so
organized that it cannot be changed to indicate a different direction of travel,
unless the primary register is at zero, or at a point indicating no registry, the
· ‘ setting of the primary register back to that point after a registry has been
made transferring its record to the secondary or permanent registry. It fur-
ther consists of a fare register provided with a window or opening to permit
of inspecting the registering mechanism or record, and with a window or
opening to permit of inspecting an indicator or sign which indicates the di-
rection of travel of the car or vehicle. It further consists in the combination,
in a single case, of registering mechanism. alarm mechanism, an actuator,
handle or push bar for working the register and sounding an alarm, and an
indicator which indicates the direction of travel, whereby the sounding of the
alarm announces the registry of the fare, and the indicator shows in which
direction of travel of the car or vehicle the registry was made. It also con-