44 FEDERAL Rmronrmn.
A ported by a similar inclined plane, although such incline is separate from the
anvil, and the machinery moving the incline is dilferent from that described
in the patent. .
2. SAME—DEFENSES—DIFFERENT UsE. i
It is no defense to a suit for the infringement of a patent that the patented
machine is used solely for sewingxleather and the infringing device for sewing
paper, when either machme mug t be used mdifferently on either material, as
a patent covers the exclusive right to the use of the patented machine for all
purposes. · = · _
In Equity,. Bill for injunctione for infringement of apatent.
Horam Ba.·mard, for complainants.
M. B. Philipp, for defendant. · .
WHEELER, J. This suit is brought for an alleged infringement of
the third claim of patent No. 136,340, dated February 25, 1873, and
granted to Samuel W. Shorey, assignor to Arza B. Keith, for an im-
provement in machines for forming staple-seams in leather, and which is
nowrowned by the orators. The principal defense is 11on-infringement.
There were such machines prior to Shorey’s invention.- The wirehof
which the staples are formedis made to pass across a bar, called an "an-
vil," in width equal to the length of the crown of the staple, `until the
end projects beyond the anvil ·to an extent equal to a prong of the staple;
` then the machine cuts the wire at an equal distance from the other side
of the anvil for the other prong; a -bender-foot, with a projection on each
side of the anvil, having a groove on the inside next to the anvil, then
comes down and presses the endslof this piece of wire over the edges of
the anvil, forming the staple with its crown across the top of the anvil,
and its prongs down the sides of the anvil, in the groves of the bender-
foot; then a driving-bar follows the bender-foot until it strikes the crown
of the staple, when the anvil is withdrawn and the prongs of the staple
are pressed through the sheets of leather beneath the bender-foot by the
forceof the driving—bar on the crown. The wire used is too fine to be
stiff enough tobe iorced through the material by pressure on the crown
of the staple without support, and, until Shorey’s invention, holes for
the prongs of the staple were punched. Shorey made the end of the an-
vil inclined, and had it withdrawn so that the driving-bar would strike
the crown of the staple at the top of the incline, and the crown would
follow down, and be supported by, the incline as it was driven home. so
that the prongs would be pressed through the material to be stapled with-
out having holes previously prepared for them. This claim is for this
inclined and retreating ·anvil, in combination with the bender-foot and
driver,. operating substantially as described. The patent describes a lever,.
moved by a cam, to so withdraw the anvil as to make the crownof the
, staple coincide withthe incline` ini its descent, and a spring working
against the cam toreturn the anvil to its placefor the next operation.
In the defendant’s machine thebender-foot forms the staple over an an-
vil which istforced from beneath the crown of the staple by the driver,
leaving the crown of the staple on an incline that supports the crown as
it is drivenehome, so that the prongs are forced through the matcrialow-