Reissued Letters Patent No. 9,891, for improvements in vehicle-dash frames, granted October 11, 1881, on the surrender of original Letters Patent No. 224,792, granted February 24, 1880, on an application filed May 5, 1879, the reissue having been applied for June 15, 1881.

The answer sets up as to both patents want of novelty and patentability, non-infringement, and the invalidity of the reissue, because it has been expanded beyond the invention disclosed in the original patent, and contains new matter not found in that patent, and is for a different invention.

There was a replication to the answer, proofs were taken, and the circuit court dismissed the bill. The plaintiff has appealed from the decree. We are not furnished with any opinion given by the circuit court stating the ground for its action, but it said, in the brief for the appellant, that the ground was that the inventions were not patentable So much of the specification of No. 213,529 as is material, and the drawings referred to in it, are as follows:

My invention relates,

secondly, to the attachment of the dash to the vehicle; and this part of my invention renders the dash capable of attachment to vehicles of different widths, so that it can be sold as an article of manufacture, for application to the vehicle by the purchaser. These features of my invention render the construction easy, expeditious, and economical.

Another feature of my invention consists in such a novel construction of the dash as that there shall be at the part of the frame thereof to which the laterally adjustable foot is to be attached a proper bearing-surface for the support and bracing of the dash.

In the accompanying drawings, which form a part of this specification, Figure 1 is

a perspective view of sufficient of a vehicle to illustrate my invention; Fig. 2, a sectional detached view; Figs. 3, 4, 5, 6, 8, detached views, illustrating modifications; and Fig. 7, a detached perspective view.

One mode of making the dash-frame is shown in the drawings, in which G F are parallel uprights at each end, C D E parallel cross-rods, and M L short continuations of the rods G F.

In order to connect the frame to the vehicle, and further to permit a frame to be applied to vehicles of different sizes, I construct the frame and the foot H so that, by a lateral adjustment in relation to each other, the desired connection to bodies of different widths may be effected. The frames may be varied in construction to effect this result. Thus in Figs. 1 and 2 the frame has a wide bearing-piece, N, of any desired length, with a slot to receive the fastenings of the foot or attachment H, by which the dash and the body of the vehicle are connected adjustably, so that within the limits of the adjustment the foot secured to the dash may find its bearings on bodies of various widths.

The foot may be of any desired shape, being shown with two branches, b d, one bolted or otherwise secured to the dash and the other to the body I of the vehicle. By the above described means the dashes may be furnished to the trade as independent articles of manufacture, as the foot may be fitted to vehicles in the process of construction or afterward, and the dash secured without altering or moving it. For the like reason, the feet adapted to the vehicles and dashes may be sold separately.

The bearing N for the attachment or foot may be within the frame, as shown in Figs. 1, 2, 3, 4, and 8, or it may be in an extension outside of the frame, the result being the same-i. e., the frame being adapted to be secured without change to bodies of different widths. This bearing portion N may be secured permanently or detachably to the frame-bars. Thus in Figs. 1 and 2 it is provided with sockets for the reception of studs at the ends of the bars. In any case it affords a strong and rigid connection between the foot and the frame, so that the latter cannot be bent over under anything less than destructive pressure. This is especially the case when both uprights, F and G, are secured to the bearing-piece N, whether within or without the frame proper; but when within the frame and extending up between the uprights it stiffens and braces the latter.

The adjustment of the dash and foot is not necessarily limited to the mode described. For instance, it may be effected by means of a series of holes, affording a means of adjusting the foot at different points. When the foot is not required, the dash may be connected directly to the body with like advantage, as the points of connection may be varied to suit bodies of different widths.

The feature of lateral adjustability set forth therein is applicable to dashes and feet, or equivalent laterally-adjustable attachments, other than those particularly herein described.

There are eight claims in the patent, the first four of which alone are alleged to have been infringed, namely:

Without confining myself to any special mode of connecting the foot and dash adjustably, I claim

1. The combination of a dash and laterally-adjustable attachments, whereby the same may be connected to vehicles of different widths, substantially as set forth. 2. A dash or dash-frame having slots or openings, whereby attachments may be made at different points, substantially as and for the purposes set forth.

3. A dash provided with bearings having slots or openings, substantially as and for the purpose specified.

4. A dash-frame provided with bearings, arranged to strengthen the frame in those parts whereby the dash is to be connected to the laterally-adjustable feet or to the vehicle.

So much of the specification of Reissue No. 9,891 as is material, and the drawings referred to in it, are as follows:

One object of my invention is a novel construction of the dash-frame, whereby the latter is rendered light and strong, can be manufactured with little expense, and whereby the various portions of the frame are cheaply, readily, and firmly secured together, and also whereby the dash is cheaply, quickly, and firmly connected to a permanent or detachable portion of the vehicle.

Another object of my invention is a formation of a dash-foot for connecting a dash to a vehicle, whereby the foot is at once strong and light and can be cheaply manufactured.

Referring to the drawings forming part of this specification, Figure 1, A, B, C, and D represent a dash-frame constructed in accordance with my improvements, a section through the channeled lower rail of dash, and a sectional and perspective view

of my special form of bar. Fig. 2, E and F are a perspective and sectional view of a modification of the mode of attaching the bar to the lower rail of the dash, where said lower rail is channeled on only one side; and G is a perspective view, showing a portion of the lower rail channeled only on one side and a channeled foot of my invention attached thereto, showing the manner of attaching the foot to the lower rail by a T-headed bolt. Fig. 3, H I, Fig. 4, J K, and Fig. 5, L M, are sectional views, showing different modes of attaching the foot to the lower rail of the dash. Fig. 6 is a perspective view, showing how the extension e' of the upper bar may be riveted to the thin web or channeled portion of the lower rail.

A', Fig. 1, represents the lower rail of a dash-frame, channeled, as shown at B.

This rail is provided at either end with the slot a or the holes a', for attaching the feet to the dash-frame. The lower ends of the upright bars of the frame are split, and each half provided with a T-head. (Shown at D, Fig. 1) These T-heads are made of the same width as the channel in the lower rail, into which they fit. The two halves of this split end are separated from each other to admit the lower rail between them. The upper ends of the upright bars are provided with notches d, for the reception of the upper rail of the dash-frame.

By constructing dash-frames in the manner described much of the expense incurred in the ordinary mode of manufacture is saved. The lower rail is made broad and flat so that the slot a or holes a can be made therein and leave a strong bearing for the attachment of the feet.

The wide vertical flat faces of the lower rail afford a desirable bearing for the dashfoot or vehicle-body (as the rail can be readily perforated for bolts or rivets, and the thick edges left above and below the perforations are first-rate bearings for said foot or body,) and possess great advantages over the customary convex or oval rails, the central portion of which being thick, renders them hard to punch, and the edges afford no flat surface for said foot or body to press against. The rail therefore, when more or less flat on one or both sides, becomes a modification of the forms of rail shown herein and possesses some of their advantages.

Irrespective of the comparative advantages derived from the bearings being flat over being otherwise shaped, the following among other advantages obtains—viz., that the web allows the rail or bar to be readily and quickly perforated, the thick parts, however shaped, connecting said web serving as supports or bearings for the attachment of the foot or other portion of the vehicle to which the dash is connected. G. Fig. 2, is a perspective view of the under, side of my channeled or concave foot.

The foot may be channeled or concaved on the opposite side to that shown and described herein, or on both sides, these forms of construction being both obvious equivalents of the one shown and described.

The depth and the length of the channel or concavity in the dash rail or foot may be varied to suit the requirements of the manufacturer.

Another advantage of that portion of my invention which relates to channeling or recessing the foot is that the same may be readily cast of malleable-iron, the channeling obviating the injurious effects arising from the presence of shrunken corners in thick malleable iron castings. The channeling or recessing of the foot enables the latter to be made light and thin and to be better annealed.

There are thirteen claims in the reissue, but only claims 1, 2, 3, and 11 are alleged to have been infringed. Those claims are as follows:

1. A vehicle-dash whose lower bar is provided exteriorly with a channel or recess, the metal on either side of the channel or recess affording a bearing for the dash-foot or other portion of the vehicle to which the dash is connected, for the purposes specified.

2. A dash whose lower rail is composed near or at the ends of two thick portions united by an easily-perforated web, for the purposes specified.

3. A dash provided with a rail having vertically-flat sides, one or both of said sides being exteriorly channeled, substantially as and for the purposes specified.

11. The foot channeled on either or both sides, substantially as and for the purposes specified.

We will first consider claims 1, 2, 3, and 4 of No. 213,529. Claims 1, 2, and 3 relate to the means of adjusting laterally the feet of a dash. Formerly, the feet which connected the dash to the body were welded to the frame of the dash and made solid with it. When a manufacturer made both the dash and the body, he welded the feet of the dash to

the frame at such points as were proper for the particular body for which the dash was designed. In the course of business, it came to pass that dashes were made by other persons than the manufacturer of the carriage, who either made his carriage-body or bought it from some person other than the manufacturer of the dash. Under such a course of business, if the feet of the dash were welded to and made solid with the dash-frame, they might not fit the various sizes of carriage-bodies. Hence arose the idea of making the feet separate and not welding them to the dash, but attaching them thereto by a bolt and nut at the proper point. As the dash is covered with patent leather, it is not convenient to bore through its iron frame after that frame is covered and in the hands of the carriage-maker. Therefore, a hole was bored in the lower rail of the frame of the dash, before it was covered, to receive the bolt by which the foot was to be attached to the frame. But, as vehicles varied in width and shape, it was necessary to place the feet sometimes nearer together, and sometimes farther apart from each other. Therefore, two holes, one on each side, in the frame of the dash, for receiving each a bolt, would not always be in the most convenient places. So it became obvious that it would be proper to make two holes, or even more, on each side, so that if one hole did not come at the right point, another would. Carrying out the same idea, it would be obvious that the bits of metal left laterally between the holes might be cut away, and thus a slot be made, or a long hole instead of two or more round ones, admitting of the more perfect adjustment of the place of attachment of the feet to the frame of the dash. It certainly required no iuvention to put two holes or a slot in the rail of a dash, instead of one hole, for the purpose indicated.

The use of a bolt passing through a hole and secured by a nut, to fasten one article of iron to another, was a well-known device; and so was the use for the same purpose of a slot which admitted of the adjustability or change of position of the bolt. The specification of the patent states that "the adjustment of the dash and foot is not necessarily limited to the mode described," but that "it may be effected by means of a series of holes, affording a means of adjusting the foot at different. points."

The testimony of Mr. Wood, an expert for the defendants, on the subject of the state of the art in that regard, is as follows:

Q. 21. State whether or not there is anything novel in mechanics in the use of slots for the purpose of adjustment.-A. 21. No; there is nothing novel about adjustable slots, elongated slots, or holes bored extra large for that purpose.

Q. 22. State, if you know, how long and in what manner and for what purposes adjustment has been accomplished by means of slots.-A. 22. Well, any kind of mechanical work that has to be put together so as to be adjusted or duplicated in case of breakage—as, for instance, railroad-iron. The butt-ends are held together by bolts passing through elongated slots, so that the expansion and contraction of the 1ail will admit of self-adjustment; in fact, slots were a well-known mechanical priuciple, which has been used from a mouse-trap to a locomotive, you might say.