CO. FeRruary 5, 1894.)
CITY :' i": (elrcult Court of
Inventi,op.,tn ll\Im,ply piaoing the of ,aUway upon a "djImmt'car, .and attaching tlie Itttertd one of the'Cari7lngc8is."55 Fed. 760; reversed.
. .. ' :
ThlVlIhlli4ie ipatent, : No.:'!1.82,668, "for 'an Improvement in street" cable raU,wllfts., is void otiIJrention. , po Fed.7M, reversed.
AppeaIfi'Q1n tl:l;e o(theUnitedStates 'for the District of Montana. , r . , . 'I" .' .In Equity.; Bill1;>y the' Pacific Cable Railway 'Company against the Bqtte City Company for infringement ()f, letters pa,tent gtanttW. Septe#!Yer26i'1876, to Andrew J. Hallidie, .for. cable railWays. The patent was sustained'byflIecourt declaved. 55 Fed. 760. " DefeJ;1dantappeals." · :.., WarreriQJney, (Geo. n;;:kriight, on:the brief,) for aiJpellant. Befol'eMcKJDNNA and: GILBERT, Circuit Judges, and ROSS, DistrictJudge. McKENNA, Circuit Judge. This: is an action for an infringelll.,ent ;of an imIlJ,'ovement.IJl:street cable issued ,to Andrew.'.)'. :Itaijidie, 1876, and. assigned to appellee. The patent the "invention relateS, to_ that class in propelled along the track by means of an, endlessropeoi' chain;'" but such railroads are now very familiar, and'need M long descriptiOn. The inventor says:
The in the court below) urges, among other defenses,that the patent is ,,:oid want of invention, and that it t1'il:\siMenaitticlpated. of the patent consists solely of placing the gripping device on a "dummy" car, and attaching the latter to one of the carrying cars. Tn 'View of the state of the art, as disclosed by the evidence and in common kuowledge, we do not think this involved invention. Judgment and decree reversed, and cause remanded, with directions to dismiss the bill.
APPLETON MANUl"',G CO. 'II. STAB MANUF'G CO.
APPLETON MANUF'G CO. v.STARMANUF'G CO. et lll. (Circuit Court of Appeals, Seventh Circuit. February 9, 1894.)
PATENTS FOR. INVlllNTiONS-PA'l'ENTABIL1TY-CORN HUSKERS.
Letters No. 290,571,· issued Dec. liJ, 1883, to S. P. Goddard for an imt>rovement in· the method or reducing corn in the stalk l\nd separating the kernels, consisting. of a cutter with feed rollers in front, a beater or thresher, a revolving screen or separator, and' a shaking screen under. it, all mounted In one frame, and so geared that the parts are driven by a single band wheel, are void for want of invention, since the device con-. sists merely in the appllcation to a new use of old and well-known devices. 51 Fed. 284, IUIlrmed. .
Appeal from the Circuit Court of the United States for the Northern District of illinois. Bill by the Appleton Manufacturing Company against the Star Manufacturing Company, Delos Dunton, and H. G. Sawyer to restrain inflingement of a patent. Defendants obtained a decree. 51 Fed. 284. Complainant appeals.
The suit was by the appellant against· the appellees for an accounting and to enjoin infringement of letters patent No. 290,571, issued December 18, 1883, to S; P. Goddard, for "improvements in methods of reducing corn in the stalk and separating the kernels," of which the specification and claimS are as follows: "My invention has relation to a new and useful method of reducing and separating corn from the stalk, husk, and cob, and at the same time the stalk, husk, and cob are cut up or comminuted, and ready f0l' use as stock food,-ensilage; or, in this· fine condition, it may be plowed int!> the soil as a fertilizer without any further treatment; and to these ends the novelty consists in the method hereinafter described, and particularly set forth in the claims. In carrying out my invention, the result is accomplished by means of the devices shown in the accompanying drawings; but I do not wish to be understood as limiting myself to the means shown, as any mechanism which will prodUce the same result may be used. Fig. 1 is a longitudinal, vertical section of a machine adapted t() carry out my invention, and Fig. 2 is a side elevation of the same. A is a feed trough, supported at one end by legs, one of which is shown at B. C, C', are the teed rollers, the upper one, C, being corrugated, and both driven by the ordinary gears. D is the cutter bar, rigidly secured to the base, and E is the cutters or knives secured to the cylinder, F, so that the latter rotates the material as it is fed by the rollers, C, C', when forced over the cutter bar, D, and the knives, E, cut it into suitable lengths, and the cut pieces fall on the incline, G, and' are thence fed to the toothed cylinders, H, H', which thoroughly break up the pieces and discharge them into the inclined rotating screen, I. The grain corn then falls through saId screen, while the stalks, cobs, and husks pass out the lowel.' end of the screen onto the incline, K, and thence to the 11001' or ground. L is a shaking screen having inclined screen bottom, M, and, as the graln corn and chaff or refuse fall into it from the rotating screen, the shaking motion sifts all the dirt or foreign matter through, while the clean grahl. is carried forward and discharged through the' opening, N, into a box or bin placed there to reCeive it. It will thus be seen that, as the stalks and ears with the husks on are fed to the cutters, they cut the stalks, and also the ears, husks, and cobs,· into small disks. This in Ule first place practically sheHs the corn, in addition to cutting the cobs, husks, and stalks, and as the pieces of cob pass betweelIl the. toothed cylinders,H, R', whatfew·remaining grains may be attached are separated by the threshing operation of said cylinders. The knife cylinder, F, 1s mounted on a shaft, 0, one end of which Is provided with a band or fly Wheel, P', and on the other end.is a small gear, P, giving motion,through the idler, R, to the gear,. S, secured to the upper feed roller, Co· The shaft of' this feed roller has· a vei1:ical piay in the slot, 2, to facilitate