Statement of the Case.

wires D, and any outward movement thereof causes a corresponding movement of the other arched wire through the medium of segments E and E', and so soon as the point on segment E' has passed a line horizontal with its pivotal point said wires will be forced and held outward through the resiliency of spring F when the paper is placed over the sta tionary wires C. Having placed the paper in position over wires C, the vibrating arched wires are brought back in contact with said wires C by giving the said arched wires an initial impetus, at which time the spring or springs will act to bring said wires together at their meeting ends, as shown in Fig. 1.

"The advantages of my improved temporary file are apparent. The mechanism for operating the arched vibrating wires is cheap of manufacture, simple in construction, and reliable in operation. Any desired paper may be removed from the file without removing those subsequently filed. The construction is such that the base can be easily removed from the tablet H, and a number of files compactly nested for shipment.

"It is evident that the segments E and E' may be of any desired configuration other than that shown; and, if desired, two complete gears may be employed in place of said segments, the lower extremities of the arched vibrating wires being in this latter case centrally connected to said gears, the construction shown, however, being preferred — viz., the toothed segments.

"What I claim as new, and desire to secure by letters patent, is

"1. In a temporary file provided with stationary vertical wires made fast to the base and arched vibrating wires adapted to meet the said stationary wires, as set forth, the toothed segments to which the ends of said arched wires are connected, and suitable spring-connection for operating said segments, for the purposes set forth.

"2. A temporary file composed of base A, stationary vertical wires C, arched vibrating wires D, connected at one end to the toothed segments E and E', or their equivalents,

Statement of the Case.

and a suitable spring-connection for operating the latter, substantially as set forth.

"3. In a temporary file provided with double-arched vibrating wires, substantially as set forth, the means herein shown and described for operating said wires, the same consisting of toothed segments E E', and spring F, the latter being connected at one end to one of the segments and at the other end made fast to a stationary point, as f, for the purposes set forth.

"4. A temporary file having a base A, stationary wires C, and arched vibrating wires D, connected to the toothed segments E and E', spring F, and cover B, all combined substantially as set forth, and suitable means for connecting said base to the tablet.

"ALEXANDER DOM."

Statement of the Case.

For the purpose of showing the prior state of the art the defendant offered in evidence the following letters patent of the United States:

NUMBER.

DATE.

TO WHOM ISSUED.

FOR WHAT ISSUED.

50,652..October 24, 1865...Reinhold Boeklen, as-.

69,385..October 1, 1867,..Frederick Ashley.......Improvement

antedated June

1, 1867.

on

letter-files.

134,724..January 14, 1873... George W. Billow...... Improved combined

140,878..July 15, 1873..

paper-file.

William H. Benson.....Improvement in de

vices for transferring motion.

165,614..July 13, 1875.......Charles E. Ramus, as-..Improvements in pa

198,968..January 8, 1878.... William C. Bussey, as-..Improved bill-file.

Of the foregoing letters patent the following are especially referred to in the opinion of the court below, which has been adopted as the opinion of this court, and the specifications, claims, and drawings of the said letters patent are here published in full and are as follows:

The specification, claim, and drawings of letters patent of the United States No. 69,385, dated October 1, 1867, antedated June 1, 1867, and granted to Frederick Ashley, are as follows:

"Be it known that I, Frederick Ashley, of the city, county, and State of New York, have invented a certain new and useful improvement on letter-files, of which the following is a full, clear, and exact description, reference being had to the accompanying drawing, forming part of this specification, and in which

"Figure 1 represents a face view of a letter-file constructed according to my improvement, and

"Figure 2 an edge view of the same.

"Like letters indicate like parts in both figures.

"My improvement relates, to those descriptions of letterfiles in which a divided or opening hook is used. These have been variously constructed, including securing the upper portion of the hook to a plate having a sliding vertical motion on or within an adjacent plate, and closed by a spiral spring. My present improvement, however, essentially differs therefrom, not merely in dispensing with a second plate and nicely constructed guide-way, but, by a simple pivoted attachment of the upper portion of the hook or its single thumb-plate, giving to said hook portion a lateral motion, which, in putting letters on the file, is much more advantageous than a vertical one, as, by merely bearing on the side of the movable portion of the hook by the hand and letter, in the act of putting the latter on the file, without any special or independent thumb action to open the hook, the latter may be opened to receive the letter on the lower or fixed portion of the hook, the movable hook portion being slotted at its side or sides to permit of such action.

'Referring to the accompanying drawing, A represents the frame of the file, which may either be hung or secured so as to restrain it from swinging, or may be suspended by a ring, a, or other suitable device. B is the fixed or lower portion of the hook, pointed at its upper extremity. C is the upper or movable portion of the same, which upper part C has attached to it a simple thumb-plate, b, pivoted at c to the frame, and provided with a stop, d, that serves to arrest the hook portion C at its closed position, and against which a spring,