“ There is nothing in Byers' claims which were sustained indicating that the pocket is to be integral, while there is a distinct call for such a pocket in claim 9. The difference in terms points persuasively to a difference in purpose, and the specification does even more, for it says 'the pocket may be case in a single piece.' This is the common form of designating an admissible alternative in such instruments. ”

“ Each is a suit to enjoin the infringement of a patent. One was begun in the district of Maine and is based on letters patent granted May 7, 1901, to Jacob J. Byers on an application filed April 21, 1900. The other was begun in the Northern District of Illinois and is based on letters patent granted February 18, 1902, to William H. Emerick on an application filed May 24, 1901. Both patents cover an improvement in draft rigging for railroad cars. ”

“ This court has pointed out that oral testimony tending to show prior invention as against existing letters patent is, in the absence of models, drawings, or kindred evidence, open to grave suspicion, particularly if the testimony be taken after the lapse of years from the time of the alleged invention, Deering v. ”