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Dowler v. Keeling.

"rivet and the flange of the eyelet consequently forms a collar on the rivet 66 some distance from the head of the same. This stud can be fixed on leather or other material by pressure applied to the rivet head. By the said pressure "the open end of the rivet is driven through the leather and expanded on the reverse side thus gripping the leather between the flange of the eyelet and the 5 "expanded end of the rivet stem. The head of the rivet is separated from the "surface of the leather by the eyelet barrel and forms the stud. The head of "the rivet can be covered with a loosely fitting cap into which the point of the eyelet enters and is expanded on further pressure applied to the rivet head.

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"I will now proceed to describe with reference to the accompanying drawings 10 "the manner in which my invention is to be performed.

"In order that my invention may be the better understood I have shown my improved rivets and studs and parts used with them drawn to a large "scale.

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"Figure 1 represents in vertical section and plan of upper side a hollow rivet 15 "constructed according to one part of my invention and Figure 2 represents "the short open tube raised in a metal plate or disc to be used with the said hollow rivet.

"The hollow rivet Figure 1 consists of a nearly cylindrical tube a, b closed "at one end and of reduced diameter for a short portion of its length the 20 "reduced cylindrical part a joining the tapering enlarged part b by the conical "shoulder c. The open end of the tapering portion b of the hollow rivet is "flanged or expanded and upon the flanged end the cap or cover d is fixed to "close the flanged end of the rivet as represented. The rivet may however be "used without the closing cap d.

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"The part Figure 2 consists of a short open conical tube e raised in a plate or "disc so as to leave a broad flange f at the top of the said tube the other or "detached end of the tube being slightly expanded at g. The tube e is of a " diameter suitable for fitting upon the reduced part a of the rivet Figure 1 as "seen in Figure 3. 30

"In fastening pieces of leather (or other material) by means of this rivet, the "parts a, b are passed through the holes in the leathers h h and the tube e, "Figure 2, is placed upon the said reduced end a of the protruding rivet so that "its expanded end is seated on the conical shoulder c of the rivet as seen in "Figure 3. By a rivetting operation effected by pressure on the reduced end a 35 "of the rivet and flange f of the tube e the rivet and tube are fixed to the "leathers h, h in the manner illustrated in section in Figure 4 and plan of

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Dowler v. Keeling.

"upper side in Figure 5, that is, by pressure applied to the end of the part a and flanged tube e, f the end of the closed portion a of the rivet is compressed "within the upper portion ƒ of the tube, the other end of which is at the same "time pressed upon the conical shoulder c of the rivet a, b and is thereby expanded within the leather in the manner shown in Figure 4.

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"When the rivet is driven down on thinner material the lower part b of the "rivet is compressed and folded as shown in Figure 13.

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"Instead of using a flanged tube with its end expanded as represented in "Figure 2, a shorter tube without an expanded end may be used in conjunction 10" with the improved rivet Figure 1. The rivet in combination with the last "described kind of flanged tube is represented in section and plan of upper "side in Figure 6 and after the upsetting or rivetting operation in section and "plan of upper side in Figure 7. In the said Figures 6 and 7 the short flanged "tube is marked e, f and the manner in which it is gripped between the folded 15 "or doubled parts of the upper and lower portions and shoulder of the rivet is seen in the section Figure 7.

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"Figures 15 and 16 represent in section my improved rivet and a ring like eye applied to the rivetting of the metal clip of a brace end or tab to the ring "or loop of the brace buckle; Figure 15 representing the parts before and

Dowler v. Keeling.

"Figure 16 the parts after the rivetting operation: Figure 17 represents brace "tabs drawn to a smaller scale having metal clips which are rivetted to the "leathers of the said tabs according to my invention. The enlarged section "Figure 16 is taken on the dotted line indicated in Figure 17. The metal clips 66 are marked 1, I and the doubled ends of the leather brace tabs rivetted by the 5 "metal clips are marked m.

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"In the branches of the metal clip / holes are pierced one of these holes is of

a size proper to receive the portion b of the rivet and the other hole has fixed "in it the ring like eye n for taking upon the reduced portion a of the rivet. "The eye n is fixed in the hole in the branch of the clip by the ordinary 10 eyeletting process as represented. After the ends of the tabs have been placed "between the branches of the clip and over the buckle bar, the branches of the clip are rivetted together and to the tab by passing the rivet through the "holes in the clip and leathers and upsetting the reduced end a of the rivet "and rivetting or expanding it within the eye n as represented in Figure 16. "Should the clip be of comparatively thick metal the piece marked n in "Figures 15 and 16 may be dispensed with. In this case the hole in the arm of "the clip marked closely fits the part a of the rivet which is inserted and "upset therein.

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"Figures 20 and 21 represent my improved rivet used as a stud for purses, 20

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"belt pouches and the like in conjunction with two of the plates represented by f Figure 6 one on each side of the leather, that on the upper side of the "leather or material marked p being reversed; Figure 20 represents the stud "before the rivetting operation and Figure 21 the stud after it has been rivetted "to the leather of the belt pouch or other article. The two ring like plates or 25 eyes are marked respectively p and p2. "Figure 23 represents in vertical section and plan another hollow rivet made "according to my invention and Figure 24 represents in section and plan the same applied to a brace tab clip. Both portions a, b of this hollow rivet are cylindrical, the end of the larger part b being provided with a flange b2. In 30 "one of the branches of the brace tab clip l, l Figure 24, I raise from the metal "of the said branch a short tube of a size to closely fit the part b of the rivet. "In fixing the rivet to the branch of the clip containing the short tube 72 the "rivet is passed through the tube until the flange 2 comes against the underside "of the clip. The base of the rivet is then rivetted to the tube 2 by pressing 35 "tools as represented in Figure 24; that is, portions of the shoulder of the "rivet marked in Figure 24 are pressed back towards the flange b' of the rivet

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Dowler v. Keeling.

"and rest upon the outer edge of the tube 2 thus gripping the plate and fixing "the rivet therein as represented.

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"For securing this rivet in a thicker plate the raised tube or eye l' may be

dispensed with. The base b of the rivet is in that case inserted in a circular 3 "hole in the thick plate of the clip and rivetted in the said hole by pressure as "last described.

"The reduced part a of the rivet Figure 24 is rivetted to the other branch of "the brace tab clip either in a plain hole or by the use of an eye of the kind "represented in Figures 15 and 16 according to the thickness of the material of 10" the clip. Or the projecting part of the reduced end of the rivet may be used "to join another plate of metal or a piece of leather or other material by "upsetting or rivetting the said projecting part of the rivet in the manner "herein before described. .

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Having now particularly described and ascertained the nature of my inven15" tion and the manner in which the same is to be performed I wish it to be "understood that I claim as my invention of Improvements in hollow rivets "and studs and in the process of riveting, which improvements are applicable "to braces, straps, bags, buckles, brace fittings and other like articles':-First:"Making hollow rivets and studs of a tubular shank closed at one end and 20" flanged at the open end, the said hollow shank at and near the closed end "being of less diameter than the part at and near the open end, the parts of the "shank of different diameters passing into one another preferably by a conical "shoulder and the use with hollow rivets and studs of this construction of ring "like plates or eyes either detached or formed in the articles with which the 25" rivets or studs are to be used substantially as herein before described and "illustrated in Figures 1 to 24 both inclusive of the accompanying drawings." "Secondly:-The process of rivetting by pressing back towards the flange 66 portions of the rivet shoulder after the same has been inserted in a hole in a "metal plate substantially as herein before described and illustrated in Figure 30"24 of the accompanying drawings. Thirdly :-Making hollow rivets each of "two tubes of different diameters closed at one end the two tubes being joined together by pressure upon their open ends so as to form between them a "collar towards which the ends of the rivet are upset or expanded substantially 66 as herein before described and illustrated in Figures 25, 26, 27, 28 and 29 of 35" the accompanying drawings whether the rivet collar be serrated or unserrated: "also the modified rivets herein before described and illustrated in Figures 32, "32 and 33; also the use with rivets of these kinds of eyes of the kinds "herein before described and illustrated in Figures 19, 28, 29, 30 and 31. "Fourthly :-Making hollow studs, each of a split tubular stem or rivet closed 40 "at one end by a head and of a flanged eyelet placed on a portion of the said

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Dowler v. Keeling.

"split tubular stem or rivet near its head, the barrel of the eyelet forming the "neck of the stud substantially as herein before described and illustrated in "Figures 34, 35, 36 and 37 of the accompanying drawings."

On the 26th of October 1896, Henry Dowler commenced an action against Samuel Henry Keeling (trading as H. Hipkiss and Co.) for infringement of the 5 patent, claiming the usual relief.

same.

The Plaintiff, by his Statement of Claim, alleged that he was the Patentee and registered owner of the patent, and that the Defendant had infringed the The Particulars of Breaches alleged that the Defendant had infringed the patent by the manufacture and sale, at a place therein mentioned, of hollow 10 studs and plates similar to Figure 6 of the drawings attached to the Complete Specification of the Plaintiff's Letters Patent in the Statement of Claim referred to, and that the manufacture and sale of the said studs and plates was an infringement of the first claim of the Plaintiff's patent.

The Defendant, by his Defence, (1) denied infringement; (2) alleged want of 15 novelty; (3) denied that the Plaintiff was the first and true inventor; (4) denied utility; (5) alleged want of subject-matter; (6) alleged that the Plaintiff did not sufficiently distinguish and point out in his Specification which of the matters therein mentioned he claimed to have invented, and which he did not claim to have invented, or admitted to be old.

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The Particulars of Objections, after repeating paragraphs (3) and (2) of the Defence, alleged :-"3. As to Claims 1 and 2 of the Plaintiff's said Letters Patent, "the alleged invention was used prior to the date of the said Letters Patent in the "following manner :-(1) In or about the year 1891, buttons and fasteners made "in accordance with the said alleged invention were sold by Messrs. Porter 25 "Bros. and Co., of New York, to Messrs. H. and C. Kent, of 1, Jewin Street, "London, E.C., and were delivered in London; and were, in or about the year 1886, manufactured by Messrs. Player Bros., of Newhall Street, Birmingham, "and sold by them to (amongst others) Messrs. Westheads, Ld., of Manchester. (2) The Defendant had for sixteen years and upwards made rivets and 30 fastenings, and riveted the same in accordance with the said alleged invention "at his works at Birmingham. (3) In or about the year 1885, buttons and "fastenings known as the Magic Button' made in accordance with the said alleged invention were made by Messrs. Player Bros., of Newhall Street, Birmingham, and sold by them to (amongst others) Messrs. Player and Co., of 35 "Bristol. (4) Prior to the month of March 1892, studs or rivets with closed "end and conical shoulder made in accordance with the said alleged invention "of the Plaintiff were made and sold by Messrs. Player Bros., of Birmingham. "(5) In the year 1871 and 1874, and subsequently up to the present time, studs "made in accordance with the said alleged invention and known as Mac- 40 "millan's Buttons' were manufactured for and sold in large quantities in "the City of London and other places in the United Kingdom by Messrs. Hilleringhaus, of 4, Jewin Street, London. 4. As to Claims 1 and 2 of the "Plaintiff's said Letters Patent, the Defendant alleged that the invention therein "contained had been published in this realm prior to the date of the said 45 "patent by the filing in the Patent Office of the following Specifications: "(a) Macmillan, No. 306,271, Figures 4, 5, 6, and 8 and letterpress relating "thereto; (b) Macmillan, No. 4071 of 1874; (c) Macmillan, No. 2592 of 1879; (d) Dowler, No. 1806 of 1878; (e) Boult, No. 10,815 of 1886; (f) Shipman, No. 14,452 of 1886; (g) Lake, No. 2440 of 1891; as to (b) to (g) 50 inclusive, the whole. As regards Claims 3 and 4 of the Plaintiff's Letters "Patent, the Defendant alleged that the inventions therein contained were "anticipated by the above Specifications (b), (d), and (g). 5. The said alleged "invention was not a proper subject-matter of Letters Patent, nor was it useful. "The Defendant alleged that in view of the invention disclosed in the Specifi- 55 "cations in the preceding paragraph referred to, all of which were prior in "date to the Plaintiff's Letters Patent, there was no invention required to

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