maTED STATES
BLANi1J:NSTEYN.
977
(Isaw plates"; and, if not saw plates, they are not plates nor sheets not speciaIl,Y,' provided for. The preponderance of the testimony is to the effect that even if they are not sheet steel, and not commercially known as "sheet steel, in strips," yet in common speech they are "steel strips," especially in view of the decision in Magone v. Vom Cleff, 17 C. C. A. 549, 70 Fed. 980. The decision of the board of ge,heral appraisers is reversed as to the goods represented by the exhitlit 50 feet long and 8.inches wide, and is affirmed as to the other exhibits.
UNITED STATES v. VA:\' BLANKENSl'EYN et aI.
(Oircuit OQurt, S. D. New York. December 17, 1898.) No. 2,838. 1. OUSTOMS PUTJKS-COMME:RCIAT. DESIGNATIONS-LACES.
The commercial designations "laces" and "lace" are not confined to lace which is sold by the yard only, but may include articles made of lace. 1
2. SAME-CLASSTFTCATJON-LACES,
Tidies, made of flax, and known commercially as "Renaissance lace tidIes;" or "Renaissance, tidies," made of tape, thread, and rings, were dutiable under paragraph 276 of the act of 1894, as laces or articles made wholly OJ' In part of lace composed of flax, and not under paragrapb277. as manufactures of fiax ,not specially prOVided for.
This was an application by the United States f()r a review of a the action of decision of the board of general appraisers the collector in respect to the classification for duty of certain articles made of tla:¥:lace, im,ported by Van Blankensteyn & Hennings. Asst. U. S. Atty., James'T. Van Everit Brown, for importers. TOWNSEND, District Judge. The merchandise in question is tidies made' of fiax, Which are ct)mmerciallyknown as IlReri:ltissance lace tidies," or "Renaissance tidies." The materials of which it is tape, thread,and rings." When. the. completed article composed is made up, either in the form of tidies or in straight pieces, so as to be sold by the yard, it is commonly known as "Renaissance lac(l," or "Renaissance laces," and comes term "laces," in the ordinary ,acceptation., of, the term. The found,. ,that the merchandi!:3e was fiaxlace tidies,and therefore dutiable under paragraph 276 of the act of 1894, at 50 per cent. ad valorem, as "laces * * · or articles made wholly or in part of' lace * * * composed of flax." , The importers, protested that they were dutiable under paragraph 277 of said. act,at 35 as "manufactures of fiax * * * hot specially provided for." The board of general appraisers sustained the protest, and Counsel for the importer admits that these artIcles, made of tape, thread, and rings, are laces when made by the yard, and that articles 1 For InterPretation of commercilll and trade, terms, see note to Dennison ' ' ,,' Mfg. Co. v. U. S., 18 C. C. A. 545. 91F.-6Z
978
REPORTER.
suchrp,ateri!llin the shape of ijqies, like Exhibit A, for exaWPle,or as a around a laces and lace, but <;ontends that thecqmmercial designaarticles tions "laces"l'l,nd ''lace'' are confined to those forms of the fabrics commonly knowll as laces which .liLre sold by the yard.' The strength of this cOntention .lies in the .fact that, when purchasers ask for such articles other than lace by the yard, they designate them as "lace tidies." I do not understand that this fact takes the article out· of the class of laces. It is conceded that a person who wished to buy lace for edges or insertions 01' 1l.0uncings would ask for lace edgings or insertions or 1l.0uncings, as one witness says, to indicate somewhat its width or purpose. In the same way, the purchaser would designate what kind of laces he wished when he called for lace collars, cuffs, or handkerchiefs. If appears that even laee36 or 63 inches in width, one width of which would be sufficient to make a whole dress, would be included under the commercial. term "lace." The importer, however, contends that, if these tapes, rings., and thread are· ppt together in a certain pattern, it is lace when it is made straight to be sold by the yard, but it is not lace when it is made in a curved form or in a square. In view of the fact. that these articles are commonly under the term "laces," and in view of the fact that nearly all of the witnesses testify they are commercially known as "lace tidies," and in view, further, of the testimony of several witnesses that lace collars, cuffs, and other articles by the yard arekll<;lwn commeJ;'dally as "laces," not made to I find that the importer ha,s tll-iled to prove his contention that there is such a universal tradetettn or designation "laces" as would inand exclude the same pattern clude an. article made by when made in other forms. 'The decision of the board of general appraisers is reversed.
RUBBER TIRE WlIEEL 00·.v. COLUM:QIA PNEUMATIC WAGON WHEEl_ CO.' (CIrcu1tCourt, S. D. New York. December 27, 1898.) L·PATENTS-INVENTlON-NEW CO){BINATIONS OF OLD PARTS,
of olq parts which had been used In ,other combinations, but ppt together, ina manner to obtain the combined and harmonious action of, an such parts, and the full benefit of the peculiar advantages of each, prooucinga 'successful result which had not previously been achieved,constitutes patentable invention.
2.
SAME-EVIDENCE OF INVENTION-SUCCESSFUL OPERATION.
The commercial success, and. wide use of a patented device is entitled to consideration where. the question of invention is in doubt; as is also the fact that prior devices, alleged to have been anticipations, were not successful. . The Grant patent, No. 554;675, for a rubber-tired wheel, discloses patentable invention, and. was not anticipated by anything In prior patents, either English or American, though the several parts which constitute the essential features of the Invention were each used in different combinations in previous inventions. WHEEL:
8.
SAME-RuBBER-TIRED