This is a suit in equity, brought in the circuit court of the United States for the Eastern district of Michigan, by Anson Searls against Alva Worden and John S. Worden, for the alleged infringement of reissued letters patent No. 5,400, granted to Erastus W. Scott and Anson Searls, May 6, 1873, for an 'improvement in whip-sockets,' on an application for reissue filed January 16, 1873, the original letters patent, No. 70,627, having been granted to E. W. Scott, November 5, 1867, on an application filed August 23, 1867. One of the defenses set up in the answer is that the reissued letters patent are not for the same invention as that described and claimed in the original letters patent, and contain new matter not contained or claimed in the original.
The specification and claim and drawings of the original patent are as follows:
'Be it known that I, E. W. Scott, of Wauregan, in the county of Windham and state of Connecticut, have invented a new and useful improvement in whip-sockets; and I do hereby declare that the following is a full, clear, and exact description thereof, which will enable others skilled in the art to make and use the same, reference being had to the accompanying drawings, and to the letters of reference marked thereon.
This invention relates to a new and improved fastening applied to a whip-socket in such a manner as to hold the whip firmly therein, prevent it from moving or shaking laterally, and at the same time not interfere in the least with its ready insertion in the socket and its withdrawal therefrom. In the accompanying sheet of drawings, Figure 1 is a vertical central section of my invention taken in the line, x, x, Fig. 2; Fig 2, an external view of the same. Similar letters of reference indicate like parts.
'The whip-socket, A, may be made of cast-iron, hard-rubber, or any of the materials now used for such purpose. Cast-iron, however, would probably be the preferable material. The socket may have an opening, a, at its bottom, to admit of the escape of water, dust, etc., and in the side of the socket there is an opening or slot, a, extending nearly its whole height or length. In this slot there is secured a fulcrum pin, b, a lever, B, which is slightly curved, as shown clearly in Fig. 1, the fulcrum pin being rather below the center of the lever, and the latter provided with a projection, b, near its fulcrum pin, which renders the lower part of the lever heavier than its upper part, with its center of gravity at one side of its fulcrum pin, so that the upper end, c, of the level will have a tendency to move out from within the socket, as indicated by the arrow 1. The lower end of the lever, B, is so curved as to extend within the lower part of the socket at all times, and, when the socket is empty, no whip in it, the upper end, c, of the lever will be in the slot, a, if not out from it, so as not to form any obstruction to the butt of the whip, C, as it is shoved into the socket; but, when the butt of the whip reaches the lower part of the socket, it strikes the lower curved end of the lever, B, and throws the upper end, c, of the same in contact with the butt, (see Fig. 1;) the weight of the whip keeping the upper end, c, of the lever in contact with the butt, and holding the whip steady in the socket. In withdrawing the whip from the socket, the upper end, c, of the lever moves freely outward from the butt as soon as the lower end of the lever is relieved of the weight of the whip. This simple device has been practically tested, and it operates well. There are no springs required, and no parts used which are liable to get out of repair, or become deranged so as to be inoperative.
'Having thus described my invention, I claim as new, and desire to secure by letters patent, a whip-socket provided with a fastening composed of a lever, arranged or applied substantially as shown and described, to hold the whip steady or firm in its socket, as set forth.'
The specification and claims of the reissue are as follows, the drawings of the reissue being substantially the same as those of the original: