Roemer v. Peddie Same v. Headley Same v. Kupper Same v. Jenkinson

• Decision Date: 09 December 1889
• Citation: 132 U.S. 313,33 L.Ed. 382,10 S.Ct. 98
• Parties: ROEMER v. PEDDIE et al. 1 SAME v. HEADLEY. SAME v. KUPPER. SAME v. JENKINSON
• Court: U.S. Supreme Court

132 U.S. 313

10 S.Ct. 98

33 L.Ed. 382

ROEMER v. PEDDIE et al.¹

SAME

v. HEADLEY.

SAME

v. KUPPER.

SAME

v. JENKINSON.

December 9, 1889.

A. V. Briesen, for appellants.

Frederic H. Betts, and J. E. Hindon Hyde, for appellees.

BLATCHFORD, J.

These are two suits in equity, brought by William Roemer in the circuit court of the United States for the southern district of New York,—one against Thomas B. Peddie and George B. Jenkinson, and the other against Albert O. Headley; and two suits in equity, brought by the same plaintiff, in the circuit court of the United States for the district of New Jersey,—one against Charles Kupper, and the other against Richard C. Jenkinson. All four of the suits are brought for the infringement of letters patent No. 195,233, granted to the plaintiff September 18, 1877, for an improvement in a combined lock and handle for traveling bags. The specification says: 'Be it known that I, William Roemer, of Newark, in the county of Essex and state of New Jersey, have invented a combined lock and handle holder for traveling bags, etc., of which the following is a specification: Figure 1 is a top view of my improved combined lock and handle holder. Fig. 2 is a vertical, longitudinal section of the same. Fig. 3 is a cross-section on the line, cc, Fig. 2. Similar letters of reference indicate corresponding parts in all the figures. This invention relates to a new construction of lock case for traveling bags, satchels, and the like, whereby the same is made to retain the rings which connect with the handle, [to dispense with an extended bottom plate,] and yet to leave said rings movable in their bearings. The invention consists in forming notches in the sides, near the ends of the lock case, which notches engage over the lower parts of the handle rings, all as hereinafter more fully described. In the accompanying drawing, the letter, A, represents the lock case, the same being of suitable construction, shape, and size, and adapted to be fast ned to the frame of the satchel or bag by rivets or other suitable means. The ends of the lock case are, by notches, a, which are cut into or formed in its sides, made hook shaped, as clearly shown in Fig. 2, and these hooks, b, thus produced, serve to retain the handle rings, B B, in place. These handle rings are, as indicated in Fig. 3, preferably flattened at their lower parts, and are, with these flattened portions, placed under the hooks, b, of the lock case, and thereby secured to the satchel frame, to which the lock case is riveted, as already described. In these hooks, however, the rings are free to vibrate, and free, therefore, to move with the handles, and the rings constitute, in consequence, a flexible connection between the handle and the bag or satchel. [By making the notches in the sides, the top of the lock case remains smooth, and offers no obstruction to the free movement of handle and rings.]' The claim of the patent is as follows: 'The lock case made with the notched sides, a a, near its ends, to receive and hold the handle rings, B, substantially as herein shown and described.' In the application for the patent as filed, the parts above put in brackets were not contained in the specification, and the proposed claim was as follows: 'The combination of the lock case, A, having the hooks, b, at its ends, with the rings, B B, which are hele in place by said hooks, substantially as herein shown and described.' The application, as thus made, was rejected by a reference to patent No. 177,020, granted May 2, 1876, to William Simon, for improvements in a traveling bag. The proposed claim was then stricken out, and the following claim was substituted: 'The lock case, A, having the notches, a a, at its under side, and combined with the rings, B B, which are held in said notches, substantially as and for the purpose specified.' The application was again rejected by a reference to the patent to Simon, the patent-office saying: 'The difference between the two devices appears to be that in applicant's device the notches are cut in the vertical sides of the lock case, and in the reference they are struck up from the bottom plate.' The application was then amended by inserting in the specification the words above put in brackets, and by altering the claim so as to read as it does in the patent as issued.

After an answer and a replication in the suit against Peddie and Jenkinson, proofs were taken on both sides, and the court, held by Judge WHEELER, made a decree dismissing the bill with costs. In the opinion of the...