86 F. 146 | U.S. Circuit Court for the District of Massachusetts | 1898
The earlier of the two patents in suit, No. 393,506, is the only one which requires particular consideration. It was applied for June 27,1887, and issued November 27,1888. Claim 1 is as follows:
*147 “A Wank book having full leaves oí the same, or substantially the same, width, a part of which are provided near their outer edges with longitudinal lines of perforations to form removable margins, and the rest of which are unperforated, the perforated and unperforated leaves being interposed between each other throughout the book with one or more of the perforated leaves between the imperforated ones, substantially as sot forth.”
Tin; nature and purposes of the alleged invention are pointed ont by the complainant substantially as follows: The advantage of a long and a short leaf ledger is that one column of names will answer for the pages on several narrow leaves of the book, as well as for the wide page on which it stands, and the opposing wide page. The book with a long and a short leaf is old. The book of the patent, however, is not made with a long and a .short leaf, but with leaves of the same width, or substantially the same, throughout, and is so constructed, by perforation or its equivalent, (hat the user of the book can, without difficulty, make a long and a short leaf book, by removing so much of certain intervening leaves as is necessary in order to so expose the names column of one page that it may be used with the other pages of the series. Before the invention in suit, to make a long and a short leaf ledger it was generally best to make a book in which all of the leaves were of full size, and then to cut from one or more leaves, following the leaf which contains the names column, a margin of proper width. Such a construction of a long and a short leaf book is difficult and expensive, from the bookbinder’s point of view, owing to the fact that the book, if it is to have the ordinary finish, namely, a flat, heavy, broad binding, and colored, burnished edges, must be made and finished exactly like an ordinary hook, and then have certain of its leaves shortened by cutting by hand. If the employe carelessly cuts the wrong leaf, the book is ruined. Moreover, the result is a book in which the outer edges of the leaves are flabby, and liable to collect dust, and become dog-eared; the covers themselves also being liable to become warped when in use. Looked at from the bookkeeper’s point of view, such a book is difficult to use, for the reason that there is no firm, solid surface upon which to enter in the names column (tie various accounts. On the other hand, in the complainant’s book ihe leaves which are to be made short leaves are perforated before the book is bound np, and, in case of any error in the perforations, the leaf or sheet may be discarded when the sheets are gathered before stitching. The various processes which follow are those ordinarily practiced in making a long-leaf book of equal thickness. The book may receive proper pressing, and the edges of the leaves may be colored and burnished in the ordinary manner, and in fact be made without any increased expense in its manufacture over that of the ordinary long-leaf book, except the cost of perforating. As the result, the accountant has a book in which the names may be easily written in the; names column, for the reason that the book is solid throughout, like an ordinary ledger, and yet, when it has been partially used, he may convert it into a long and a short leaf book, so that the same names column may apply to a number of pages.
We think we have thus fully stated what the complainant main