BRYAN, Circuit Judge.
Appellant sued for infringement of its patent, the principal object of which was to provide a washer, or shim, which could be placed between the spoke shoulder and felly of a wooden wheel and around the tenon of the spoke, so as to take up wear due to friction and shrinkage, and tighten the spokes to the rim of the wheel. A claim of the patent is as follows:
"A spoke tightener, comprising a shim member provided with an orifice to receive...
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