Statement of Facts. body of the collar above the band or binding of the same. Referring to the drawings, A represents a standing or other collar of my improved construction, and B the curved and Referring to the drawing, A represents a standing collar of my improved construction, and B the short or sectional bands, which start from the centre of graduated bands, which extend collar, or any other point between the centre and ends, and continue along the lower part of the same, with a graduated curve and increasing width, to and beyond the ends of the collar, in the same manner as in ordinary bands. from the centre of the collar, or any other point between the centre and ends, and continue along the lower part of the top or body of the collar, with a graduated curve and increasing width, to and beyond the ends of the collar, the ends being curved in the same manner as in ordinary bands. The bands B are made either The bands Bare made either to overlap the collar proper, or to overlap the collar proper, or the collar is made to overlap the collar is made to overlap the bands, or one part of the the bands, or one part of the bands laps over the collar ends, bands laps over the collar ends, while the remaining part is while the remaining part is overlapped by the collar, so as overlapped by the collar, so as to obtain smoothly-covered to obtain smoothly-covered joints at both meeting ends of joints at both meeting ends of collar and sectional bands. collar and graduated bands. The bead formed by the connection of collar and band may also be continued, if desired, along the lower edge of that part of the collar between the bands, and thereby a more ornamental appearance imparted to the same. The use of the short or sec The bead or binding formed by the connection of collar and band may also be continued, if desired, along the lower edge of that part of the collar-body between the bands, so as to connect the graduated bands, and impart thereby a more ornamental appearance to the collar. The rear button-hole a is ar Statement of Facts. tional bands produces a saving ranged in the top or body of the of material, as compared to the collar, above the bead or binding old style of continuous band, at the lower edge of the same, and furnishes a collar that which position of the button-hole, hugs the neck-band in superior in connection with the graduatmanner, without springing backed bands, produces a collar that so as to come in contact with hugs the neck-band in superior the collar. Having thus described my invention, I claim as new and desire to secure by letters pat ent manner without springing back, so as to come in contact with the coat-collar. The shorter graduated bands produce also a considerable saving of material, as compared to the old style of continuous band, that extends at uniform width along the lower part of collar. Having thus described my invention, I claim as new and desire to secure by letters pat ent 1. A collar provided with a band composed of the parts B B, curved and tapered, or decreasingly graduated from the ends towards the middle, as shown and described. A collar, A, having sectional 2. A collar having short or bands B, starting from the cen- sectional bands, starting from tre of the collar, or any point the centre of the collar, or any between the centre and ends point between the centre and thereof, and continuing with a ends thereof, and continuing graduated curve to and beyond with a graduated curve to and the ends of the same, substan- beyond the ends of the same, tially as described and shown, substantially as and for the purand for the purpose set forth." pose set forth. 3. The combination, with a collar having short bands graduated on a curve and decreas Statement of Facts ingly toward the middle, of a band-connecting bead or binding along the lower edge, as set forth. 4. A collar having curved and graduated bands that extend along the top or body of the collar, from the centre, or any other point between the centre and ends thereof, to and beyond the ends of the collar, and having the rear button-hole placed above the band or binding into the top or body of the collar, substantially as shown and described." The following are the drawings of the reissue, those of the original patent being the same, except that the button-hole is not lettered in the original: The answer set up, as defences, (1) that the reissue was ob Argument for Appellee. tained for the purpose of covering a style or form of collar not intended to be covered by the original patent, the original covering a short or sectional band collar only, and the reissue being intended to cover a different style of band, subsequently adopted by the plaintiff, and not having been procured for the purpose of correcting a mistake in the claim of the original; (2) that the plaintiff was not the original and first inventor of the thing patented; (3) non-infringement. The case was heard on pleadings and proofs, and a decision rendered, 18 Blatchford, 532, in favor of the plaintiff, on which an interlocutory decree was entered, January 8, 1881, adjudg ing the reissued patent to be valid, and to have been infringed by the defendants, by the manufacture and sale of four collars: Exhibit F, Delhi; Exhibit G, Orion; Exhibit H, Zenith; and Exhibit I, Spy; and awarding an account of profits and damages, to be taken by a master, and a perpetual injunction. On the report of the master, a final decree was entered, July 28, 1881, in favor of the plaintiff, for $8,355.32, which included costs. The defendants appealed to this court. Mr. William F. Coggswell for appellants. Mr. Edmund Wetmore and Mr. Hamilton Wallis for appellee, argued the questions of infringement and anticipation; and also the construction of § 4916 Rev. Stat., concerning reissues. So much of that section as is relevant is as follows: "Whenever any patent is inoperative or invalid by reason of a defective or insufficient specification, or by reason of the patentee claiming as his invention or discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident or mistake, or without any fraudulent or deceptive intention, the Commissioner shall, on the surrender of such patent and the payment of the duty required by law, cause a new patent for the same invention, and in accordance with the corrected specification, to be issued to the patentee for the unexpired part of the term of the original patent. The specifications and claim in every such case shall be subject to revision and restriction in the same manner as original appli VOL. CXIII-18 Argument for Appellee. cations are. Every patent so reissued, together with the corrected specification, shall have the same effect and operation in law, on the trial of all actions for causes thereafter arising, as if the same had been originally filed in such corrected form; but no new matter shall be introduced into the specification, nor in the case of a machine patent shall the model or drawigns be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the Commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident or mistake, as aforesaid." The word "specification," when used separately from the word "claim," in § 4916, means the entire paper referred to in § 4888, namely, the written description of the invention "and of the manner and process of making, constructing, compounding and using it," and the claims made. The word "specification," meaning description and claims, is used in that sense in §§ 4884, 4895, 4902, 4903, 4917, 4920 and 4922. In some cases, as in §§ 4888 and 4916, the words "specification and claim" are used, and in § 4902 the word "description" and the word "specification" are used. But it is clear that the word "specification" when used without the word "claim" means description and claim. If, then, the original patent is within the statute as to either its "description" or "claim," or both, the reissue was valid. But what meaning shall be given to the remainder of the section? It will be observed that two terms are employed, "invalid" and "inoperative." The word “invalid" plainly refers to cases where, from either of the causes stated, the patent is a nullity and should never have been issued. Its application is limited to patents void for insufficiency of the specification. If the word "inoperative" is to be construed as meaning the same thing, its use was superfluous. We are then driven to seek another meaning for it, and this is not difficult to find. Where the subject of an invention is plain, from the drawing or model, or both, and the specification is defective, in that the language used fails to fully describe the thing invented, then, as to the part of the invention omitted, the specification may well be said to be inoperative. This |