Howell Edmunds Jackson

“ The purpose of rounding the front plates at the bottom in both of the locks of the Gory and Sargent patents was to enable them to fit in a rounded or routed cavity. So the countersunk recess, made for the purpose of receiving the projecting front plate flush, was old, and called for no invention on the part of Spiegel. What Spiegel did in this respect was what had long before been done in the use of the old-style locks. The fact that he made his mortise, including the countersunk recess, with a routing tool, instead of by hand chiseling, certainly does not rise to the dignity of invention. ”

“ Spiegel subsequently presented a specification which, after describing the state of the art, and referring to the original patent of May 24, 1881, stated that, 'while this latter construction of lock possesses valuable features of improvement not disclosed by the prior art, yet the form of lock shown and described in the patent is such as to preclude its adoption for use in routed cavities, because its front plate is not of the proper form to fit within, and cover, a cavity made by a routing tool. ”

“ They relate to what are known in the trade as 'machine' locks, so called from the fact that they are adapted for insertion in mortises cut entirely by machinery or routing tools, and thus distinguished from the 'old-style' lock previously used, which was adapted only for mortises cut or chiseled by hand. The locks covered by the patents are used chiefly on furniture.
It is alleged that the defendant's lock, which is substantially that covered by the Morris L. Orum patent of August i2, 1882, infringes the first claim of the reissue, and the three claims of the patent of 1885. ”