Samuel Blatchford

“ For many years, in drawing wire to small sizes it has been the practice to heat it to a red heat between successive drawings, and thus to completely restore it, rendering it less brittle, and preventing the fracture of it by the strain of the drawing process. At the conclusion of the drawing operation, when the wire has passed through the dies several times, and is hardened and elastic, the wire is called 'hard-drawn,' and in that state it comes to the hands of the makers of furniture springs. ”

“ When straight bars or wire is subjected to the bending process, the stretching or drawing of the outer and crushing of the inner portions are inevitable results. This greatly reduces the elasticity, strength, and durability of the spring. Being a manufacturer of furniture springs, and aware of this difficulty, I have tried many experiments with a view of restoring the wire, after being bent or formed into springs, to its normal condition. ”

“ In addition, even some of the plaintiffs' witnesses admitted, on cross-examination, that they knew that the treatment of the wire bells stiffened the steel, and allowed its molecules to return to their proper relations, and that they would have expected the application of the bluing process to furniture springs to increase their elasticity to some extent. But it does not amount to invention to discover that an old process is better in its results, when applied to a new working, than would have been expected ”

“ It is contended, as against the wire bells, that the evidence does not show the application of the patented process to an article designed to be used as a spring. But the clock hairsprings are quite as truly springs as the furniture springs, for they require the exercise and use of the resiliency of tempered steel. ”

“ The ordinary furniture spring is made of hard-drawn wire, coiled and forced to the proper shape, and when this is done the spring is considered finished, without having been subjected to any tempering process other than what is incidental to the drawing of the wire. To give them a finished appearance, however, copper or other material is frequently applied by suitable means. The metal being greatly condensed and hardened in the process of drawing the wire, a good degree of elasticity is given the wire thereby ”

“ This invention relates to spiral springs, usually made in a conical form, of steel wire, and extensively used in upholstering sofas and chairs and for bed bottoms, etc., and consists in subjecting the spring to a tempering process after it has been completed in the usual manner, whereby its strength, elasticity, and durability are greatly increased. ”

“ Rep. 76: 'That the extent to which a patented device has gone into use is an unsafe criterion even of its actual utility is evident from the fact that the general introduction of manufactured articles is as often effected by extensive and judicious advertising, activity in putting the goods upon the market, and large commissions to dealers, as by the intrinsic merit of the articles themselver;' and (page 429, 141 U.S., and page 79, 12 Sup. Ct. Rep.) ”

“ After the proofs were taken in the present suit, it was brought to a final hearing before Judges McKennan and Acheson, and they sustained the patent, following Judge Wheeler's decision. Their opinions are reported in 31 Fed. Rep. 344, 347. On August 3, 1887, the court entered an interlocutory decree, holding the patent to be valid and to have been infringed, awarding to the plaintiffs a recovery of profits and damages, with costs, referring it to a master to take the account of profits and damages, and granting a perpetual injunction. ”

“ In rebuttal of the defendant's evidence as to wire clock bells and hairsprings, it is admitted that the plaintiffs show that sundry witnesses would not have known that the bluing process was applicable to the treatment of such heavy material as furniture springs, and that it was not used in tempering clock springs of wide, flat steel, but there was applied to such springs what is called Bnt, in the first place, these witnesses were But, in the first place, these witnesses were not manufacturers of furniture springs ”

“ Higgins, a witness for the defendant, thus describes the way in which wire clock bells were made prior to Cary's alleged invention. He says that 'the untempered steel wire was taken from the hank, and straightened by machinery, cut off at the proper length, and then tumbled in sawdust to clean the oil from it. ”