Statement of the Case.

out distinction. Held, That under these circumstances the difference could not be considered as material, but that either form was to be regarded as answering the requirements of the invention.

Before TAFT and LURTON, Circuit Judges, and SEVERENS, District Judge.

In equity for the infringement of letters patent No. 396,372, dated January 15, 1889, and granted to Charles C. Schreiber, assignor to the L. Schreiber & Sons Company, for "improvements in cask-supports." The specification, claims and drawings of the said letters patent are as follows:

"To all whom it may concern :

"Be it known that I, Charles C. Schreiber, a citizen of the United States, and a resident of Cincinnati, in the county of Hamilton and State of Ohio, have invented certain new and useful improvements in cask-supports, of which the following is a specification.

"The object of my invention is to provide a support for heavy casks or barrels that is strong, durable, and readily adjustable to any-sized cask.

"Another object of my invention is to provide adjustable rests or saddles which will automatically adjust themselves to the curve of the cask.

"The various features of my improvement are fully set forth in the description of the accompanying drawings, making a part of this specification, in which

"Figure 1 is a perspective side view of my improvement. Fig. 2 is a longitudinal central section of one of the ways and saddle. Fig. 3 is a section on line xx, Fig. 2. Fig. 4 is a modified form of saddle and shoe. Fig. 5 is a detail view of the lock-bar.

"1 represents stands, preferably made of cast-iron of shell form, with a broad base. On the top of the stand is provided flanges a, which form dovetail grooves.

"2 represents I-beams, the flanges of which move in the ways formed by the flanges a, which hold the I-beams firmly in position.

Statement of the Case.

"3 represents shoes resting upon the I-beams 2, which form ways on which the shoes 3 are adjusted.

2.

"4 represents a tenon formed on each of the shoes 3, which projects down into a space or aperture between the I-beams The bottoms of said shoes 3 rest upon the I-beams, and are provided with flanges projecting over the edge of said I-beams, so as to prevent the shoes from lateral movement, but will enable them to slide readily upon the I-beams.

"6 represents a recess formed on the under side of said shoes forward of the tenon 4.

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“7 represents rack-teeth formed in the upper edge of the recess. The forward ends of said shoes are bifurcated, as shown at 8, Fig. 1.

"9 represents a lock-bar, which is provided with a hook at either end. It rests upon the top of the I-beams, and the hook at either end engages, respectively, with the teeth 7 of the shoes 3, thereby holding them in position when they are adjusted.

"10 represents saddles which rest in the concave seat of the shoes, the curve of the base of the saddles 10 corresponding with the curve of their seat in the shoes, and they may be moved up or down thereon, so as to change the angle or line of support. When they are placed at an improper angle, the weight of the cask will move them up or down in their seat until the weight of the cask rests centrally on said saddles. Thus they are to some extent self-adjustable.

"A modification of the construction of the shoes and saddles is shown in Fig. 4, in which the shoe is provided with a socket and the saddles 10 with a ball, so that they may be self-adjusting both laterally and longitudinally. The tops of the saddles 10 are concaved on their upper sides and shaped generally to receive the bulge of the casks, preferably made somewhat wider than the shoes, giving the slides room to move laterally as well as vertically.

"I do not wish to limit my invention to the use of Ibeams to form the ways for the shoes, as other forms may be employed; but they are the preferred form. Neither do I wish to limit myself to the peculiar locking de

Statement of the Case.

vice herein shown, except where the same is specifically claimed.

"11 represents openings in the saddles for coring.

"12 represents a stiffening-arm of the shoes 3, which are made generally of shell form.

"It will be observed that the shoes 3 project forward and backward, so that the bottom dimension of the shoe is considerably longer than the bearing of the saddles 10, which prevents the weight of the cask from tipping the shoe either forward or backward.

"The mode of operation is as follows: The shoes 3 are lifted up and moved in or out to the desired distance for the size of the cask to be received. When set down, the hook of the lock-bar 9 engages with the teeth of the shoes and holds them from outward movement. The saddles 10 are preferably adjusted to about the desired pitch, according to the size of the cask, and when the cask is lowered upon the same they will adjust themselves somewhat to the shape and bulge of the cask. The whole structure can be made of iron, and its construction is such that but little fitting is required, so that I obtain a strong and durable support that can be readily adjusted to varying-sized casks in which to sustain any desired amount of weight. The saddle and stands are preferably made of cast-iron and cored out for lightness.

"For heavy casks two supports are used, one at each end, and for this purpose the saddles are tapering, as shown, at cross-section, so as to conform to the taper of the cask.

"Having described my invention, what I claim as new, and desire to secure by letters patent, is

"1. The combination of supporting-bases having horizontal ways, the shoes movable along the length of the ways to adjust the shoes to and from each other, locking devices for securing the shoes in their adjusted position, and saddles on the shoes for sustaining a cask, substantially as described.

"2. The combination of supporting-bases having ways, two shoes arranged on the ways, and one movable to and from the other along the length of the ways, locking devices for

Statement of the Case.

holding the shoes stationary, and a rocking saddle on each shoe, substantially as described.

"3. A cask-support consisting of the stands 1, provided with grooves to receive the flanged ways 2, the shoes 3, provided with concave seats, and the saddles 10, having convex bases, substantially as specified.

"4. In combination with the ways 2, rigidly supported upon the base, the shoes 3, provided with lock-teeth 7, and the lockbar 9, resting upon the ways, with its hooks engaging with the teeth of the shoes, substantially as herein specified.

"5. In combination with the ways 2, having an aperture between them, the shoes 3, provided with a tenon, 4, projecting down between the ways and adapted to slide upon and be locked to the ways, and means for locking the shoes to the ways, substantially as described.

"6. In a cask-support, the shoe 3, provided with a concave seat, in combination with the self-adjusting saddles 10, supported in said seat, substantially as specified.

"In testimony whereof I have hereunto set my hand.

"CHARLES C. SCHREIBER."

The case as stated by the court is as follows:

This is a suit by bill in equity instituted by the L. Schreiber & Sons Company, an Ohio corporation, against Ignaz Grimm and Phillip Selbert, to obtain an injunction against the infringement of letters patent No. 396,372, issued to Charles C. Schreiber on January 15, 1889, for supposed "new and useful improvements in cask-supports." The object of the invention covered by the patent was "to provide a support for heavy casks or barrels that is strong, durable, and readily adjustable to any-sized cask." The means proposed by the inventor