Summary
finding that even if a human being could perform the claimed function manually, the accused device does not infringe the patent where the accused device does not itself perform the function
Summary of this case from Voter Verified, Inc. v. Premier Election SolutionsOpinion
Argued December 17, 1885. Decided January 11, 1886.
Claim 2 of reissued letters patent No. 8589, granted to Charles F. Davis and William Allen, February 18, 1879, for an "improvement in grain drills" (the original patent, No 74,515, having been granted to said Davis as inventor, February 18, 1868), namely: "The shoes or hoes of a seed planter, attached to the main frame, substantially as described, in combination with a lever, or its equivalent, whereby they can be shifted at the pleasure of the operator, from a straight to a zigzag line, or vice versa," makes the lever, or its equivalent an essential element of the combination; and the claim is not infringed, where the lever is dispensed with and the human hand is substituted, although in the patent the hand is applied to work the lever. In view of a prior invention, claims 1 and 3 of the reissue, which were not made in the original patent, were held to be limited to the special shifting apparatus of the patent, because, if extended to cover shifting arrangements not substantially using a rotating crank-shaft, they became claims which could not lawfully have been granted in the original patent, and, as claims in a reissue, were invalid, because the application for the reissue was made nearly eleven years after the original patent was granted, and after machines effecting the shifting by other means than a rotating crank-shaft had gone into use subsequently to the date of the original, and no sufficient excuse was given for the laches and delay. It appeared as a fact, that new matter was introduced into the specification of the reissue for the purpose of reaching machines which the claims of the original patent would not reach, and of laying a foundation for claims 1 and 3 of the reissue. Claims 4, 5 and 6 of the reissue were held not to be infringed, because the shifting mechanism of the patent, with its rotating crank-shaft, was an element in each claim, in view of a prior invention, and was not used by the defendant.
Mr. E.E. Wood and Mr. B.F. Thurston for appellants.
Mr. S.D. Bentley ( Mr. William F. Cogswell was with him on the brief) for appellees.
This was a suit in equity on an alleged infringement of a patent. The facts are stated in the opinion of the court.
This is a suit in equity, brought in the Circuit Court of the United States for the Northern District of New York, on re-issued letters patent No. 8589, granted to Charles F. Davis and William Allen, February 18, 1879, for an "improvement in grain drills," the original patent, No. 74,515, having been granted to said Davis, as inventor, February 18, 1868. The application for the reissue was filed January 24, 1879. The defences set up in the answer are, want of utility and novelty, invalidity of the reissue, and non-infringement. The specifications of the original and reissued patents are here placed side by side, the parts in each not found in the other being in italic:
Original Reissue in the and and of which is I do hereby declare of the same
. . "Be it known that I, Charles | "Be it known that I, Charles F. Davis, of Auburn, | F. Davis, of Auburn, county county of Cayuga, State | of Cayuga, State of New York, of New York, have invented | have invented certain new and certain new and useful improvements | useful improvements in grain in grain drills; | drills, the following the following | a full, clear and exact description, to be a full, clear, and exact | reference being had to the description , reference | accompanying drawings, making being had to the accompanying | part of this specification,a or top view top dotted red Fig Figure when Fig Figure full and black and red corresponding where they figures occur in the separate figures like of drawings are is vice versa vice versa
drawings, making | in which Figure 1 represents a part of this specification, in | plan of the drill, which Figure 1 represents a | with the seed-box removed, plan of the drill, with the | (but its position shown by seed-box removed, but its position | lines,) to show the parts shown by lines, to | underneath it. . 2 represents show the parts underneath it. | the crank-rod or shaft 2 represents the crank-rod | to which the front ends of the or shaft to which the front | drag-bars are attached, detached ends of the drag-bars are | from the machine. attached, detached from | . 3 represents an end view the machine. 3 represents | of the drill, with the wheel removed, an end view of the drill, | to show the parts behind with the wheel removed, to | it, and representing, by show the parts behind it, and | dotted lines, the representing, by , dotted | several operative parts, and lines, the several operative | their positions under the parts, and their positions | changes of the machine or its under the changes of the | parts. Similar letters of reference machine or its parts. Similar | denote letters of reference, | parts in all the . , | denote parts in all the | . | | The object and purpose of | The object and purpose of my invention to shift or | my invention to shift or change the seeding shoes or | change the seeding shoes or hoes from a straight to a zigzag | hoes from a straight to a zigzag line, and , and, | line, and , and further, to so hang the shoes | further, to so hang the shoes or hoes, as, in addition to the | or hoes, as, in addition to the shifting process, to admit of | shifting process, to admit of being raised separately, or the | being raised separately, or the whole series together, as may | whole series together, as may be found necessary. | be found necessary. | To enable others skilled in | To enable others skilled in the art to make and use my | the art to make and use my invention, I will proceed to | invention, I will proceed to describe the same with reference | describe the same with reference to the drawings: | to the drawings: Upon an axle, A, supported | Upon an axle, A, supported on the usual carrying wheels, | on the usual carrying-wheels,a a a a a a seriatim seriatim b b b b b b c c b b d d e e d d f f f f f g f g
B B, is mounted a main frame, | B B, is mounted a main frame, C, and on the main frame a | C, and on the main frame a seed-box, D, the slides of which | seed-box, D, the slides of which may be operated in any of the | may be operated in any of the well-known ways. In bearings, | well-known ways. In bearings, E, in the front portion of | E, in the front portion of the main frame, is hung, so as | the main frame, is hung, so as to rock or turn therein, a zigzag | to rock or turn therein, a zigzag or crank shaft, F, (shown detached | or crank-shaft, F, (shown detached in Fig. 2,) and to the | in Fig. 2,) and to the cranks or wrists, , of this | cranks or wrists, , of this shaft are connected, , | shaft are connected, , the drag-bars, , by means | the drag-bars, , by means of bows or yokes, , each bow | of bows or yokes, , each bow or yoke taking two of said | or yoke taking two of said wrists, as shown in Fig. 1. To | wrists, as shown in Fig. 1. To the rear ends of these drag-bars, | the rear ends of these drag-bars, , are attached the shoes | , are attached the shoes or or hoes, G, in any of the usual | hoes, G, in any of the usual well-known ways. In the projecting | well-known ways. In the projecting rear portion of the main | rear portion of the main frame C there is hung a shaft, | frame C there is hung a shaft, , upon which there is a lever, | , upon which there is a lever, , by which it can be rocked or | , by which it can be rocked or rolled in its bearings. At | rolled in its bearings. At suitable distances upon this | suitable distances upon this shaft there is placed a series | shaft there is placed a series of levers, , one for each shoe | of levers, , one for each shoe or hoe, which are kept in their | or hoe, which are kept in their proper positions on the shaft by | proper positions on the shaft by pins, 1, 1, or other suitable devices, | pins, 1, 1, or other suitable devices, but which can be moved | but which can be moved independent of the shaft or of | independent of the shaft or of each other, or all together, as | each other, or all together, as will be explained. The levers | will be explained. The levers have a hub or swell, , at | have a hub or swell, , at their central portions, where | their central portions, where they are slipped on to the shaft | they are slipped on to the shaftd d f f h h e e d d i i d d i i a j the j m n or connecting-rod, m
; and into each one of these | ; and into each one of these hubs is set a pin, 2, which is | hubs is set a pin, 2, which is above the pins 1, 1, in the shaft, | above the pins 1, 1, in the shaft, so that each lever can be turned | so that each lever can be turned upon the shaft; but, when the | upon the shaft; but, when the shaft is rocked or turned, then | shaft is rocked or turned, then all the levers are worked simultaneously. | all the levers are worked simultaneously. To the forward | To the forward ends of these levers the shoes | ends of these levers the shoes or hoes are respectively connected | or hoes are respectively connected by a link or hinged rod, | by a link or hinged rod, , the rearward-projecting ends | , the rearward-projecting ends of said levers serving as handles | of said levers serving as handles for the operator to seize and | for the operator to seize and work separately, when necessary | work separately, when necessary to do so, or he can raise | to do so, or he can raise the whole series by seizing and | the whole series by seizing and working the lever . One end | working the lever . One end of the shaft projects through | of the shaft projects through the timber of the main frame, | the timber of the main frame, for convenience of placing the | for convenience of placing the parts, and upon it is a lever, H, | parts, and upon it is a lever, H, and a spring-locking lever, , | and a spring-locking lever, , connected with it, both of which | connected with it, both of which levers the operator may grasp | levers the operator may grasp at once, and by pressure first | at once, and by pressure first unlock the catch, and then move | unlock the catch and then move the main lever, H, and the shaft | the main lever, H, and the shaft , as well as the parts connected | , as well as the parts connected with it. The catch or locking-lever | with it. The catch or locking-lever takes into or against | takes into or against stop-plate, , on the main | stop-plate, , on the main frame, when not otherwise controlled. | frame, when not otherwise controlled. The upper portion of | The upper portion of the lever H serves as a handle to | the lever H serves as a handle work it by, and to the lower | to work it by, and to the lower end of it is pivoted a rack-bar, | end of it is pivoted a rack-bar , which takes into a pinion , | , whichn n n and the connecting-bar m black full red dotted red full in order the were
fastened on the end of the crank | takes into a pinion, , fastened or zigzag shaft F, and, when | on the end of the crank or zigzag the pinion is turned, the crank | shaft F, and, when the shaft is also turned, and, as it | pinion is turned, the crank-shaft is turned, it shifts the shoes or | is also turned, and, as it is hoes into a zigzag or a straight | turned, it shifts the shoes or line, as the case may be. When | hoes into a zigzag or a straight the lever H, and the zigzag | line, as the case may be. When shaft F, and their several connected | the lever H, and the zigzag shaft and operative parts, are | F, , and in the positions shown by the | their several connecting and lines in Figs. 1 and 3, the | operative parts, are in the shoes or hoes G are then in a | positions shown by the straight line across the machine; | lines in Figs. 1 and 3, the shoes but, when the lever H | or hoes G are then in a straight is shifted into the position | line across the machine; but, shown by the lines in Fig. | when the lever H is shifted into 3, it turns the shaft and moves | to the position shown by the the parts connected with them, | lines in Fig. 3, it turns and the shoes or hoes will then | the shaft and moves the parts stand in a zigzag line across | connected with them, and the the machine, as shown by the | shoes or hoes will then stand in a lines, or in what may be | zigzag line across the machine, termed two lines, one in advance | as shown by the lines, or in of the other; and, that | what may be termed two lines, the shoes or hoes may be thus | one in advance of the other; moved into one or two lines, | and, that the shoes or and still be susceptible of being | hoes may be thus moved into raised up separately, or in their | one or two lines, and still be series capacity, their connections | susceptible of being raised up and attachments must all | separately, or in their series capacity, be hinged or yielding. When | their connections and there is an odd number of shoes | attachments must all be or hoes on the machine, the odd | hinged or yielding. When one should be in the rear series, | there is an odd number of shoes in which case there would be | or hoes on the machine, the odd no necessity of locking the | one should be in the rear series, lever H when the shoes so | in which case there would be noare vice versa vice versa as, for The rack-bar instance or connecting-bar m may be used for this purpose, and thereby the shoes or hoes may be shifted from a straight to a zigzag line or vice versa, said connecting-bar extend thence to m being held in position, if the lever working desired, by any of the usual mechanical the lever would devices for that purpose; second, by means of which means thereof can a
arranged, as the greater resistance | necessity of locking the lever on the greater number | H when the shoes so arranged, would always keep them so. | as the greater resistance But, if an even number of shoes | on the greater number be used, and an equal number | would always keep them so. in each row, then the lever | But, if an even number of shoes would have to be locked or | be used, and an equal number fastened in both of its positions. | in each row, then the lever | would have to be locked or | fastened in both of its positions. | It is obvious that other mechanical | It is obvious that other mechanical devices may be used | devices may be used for for shifting the shoes or hoes | shifting the shoes or hoes from from a straight into a zigzag | a straight into a zigzag line, line, or . I have devised | or . I have devised several ways of accomplishing | several ways of accomplishing this movement, | this movement. , a sheave, pulley, or | chain wheel may be keyed to | the end of the crank shaft, and | to this sheave or wheel a chain | , may be attached, and, passing | around it, | , so that, by | , the same effect | be attained as by the rack and | a pinion. | sheave, pulley or chain wheel, | may keyed to the end | of the crank-shaft, and to this | sheave or wheel a chain may be | attached, and, passing around | it, so that, by , | the same effect be attained | as by the rack and pinion. | Another plan may be as follows: | Another plan may be as follows: A crank or cross arms | A crank or cross arms may be placed on the turning | may be placed on the turning shaft, and, by means of connecting | shaft, and, by means of connectingwhich connect the rod or cranks or arms with the levers by the operator to shift the shoes the relations of and by the they will means aforesaid, or by the connecting-rod and m, the operator can change them or hoes d d thus fully now therein So attaching the shoes or The shoes or hoes of a seed-planter hoes of a seed-planter to the attached to the main main frame, as that, by means frame, substantially as described of a lever, or its equivalent whereby they may be said shoes may be shifted from simultaneously shifted from a straight to a zigzag line, or a straight to a zigzag line, or
rods, | rods, the shaft , | may be turned , the shaft may be turned, and | and the shoes thus thrown into the shoes thus thrown into a | a straight or zigzag line, as may straight or zigzag line, as may | be desired; or, instead of the be desired; or, instead of the | crank-shaft, the shoes may be crank-shaft , | united in sets to different bars, the shoes may be united in sets | which may be straight, both to different bars, which may | bars being united to cross-bars be straight, both bars being | or heads at their ends. Now, united to cross-bars or heads at | by shifting their ends. Now, by shifting | these two bars, these two bars, shift | the shoes attached to them, | into the positions | shift the shoes attached hereinabove described. When | to them into the positions hereinabove the hoes are set in a zigzag | described. When the line, as above mentioned, and | hoes are set in a zigzag line, as are in that position raised up, | above mentioned, and are in a pin, 3, in the extreme end of | that position raised up, a pin, the shaft , will take against a | 3, in the extreme end of the pin, 4, in the lever H, and | shaft , will take against a pin, thereby shifting the hoes into | 4, in the lever H, and thereby more nearly a straight line, as | shifting the hoes into more they rise, or into quite a straight | nearly a straight line, as they line, depending upon the extent | rise, or into quite a straight to which they are raised. | line, depending upon the extent | to which they are raised. | Having described | Having described my my invention, what I claim | invention, what I claim as new as new and desire to | and desire to secure by letters secure by letters patent, is: | patent, is: | 1. | 1. , | | , , | | |vice versa, at pleasure, substantially vice versa, by a single movement as described I also claim, in combination The shoes or hoes of a seed-planter with a series of shoes or attached to the main hoes that are capable of being frame, substantially as described changed from a straight to a in combination with a zigzag line, or vice versa, the so lever or its equivalent, whereby connecting of said shoes, by independent they can be shifted, at the pleasure levers, to the lifting-bar of the operator, from a as that they may be raised straight to a zigzag line, or vice by the operator individually, or versa as a whole, substantially as described I also claim hinging the The shoes or hoes of a seed-planter shoe to both its drag-bar and its attached to the main individual lever, so that the frame, substantially as described shoe may be raised and lowered in combination with a in either of its changed positions rod or its equivalent, whereby by a lever that is permanently they can be shifted from a located, substantially as straight to a zigzag line, or vice described versa A series of shoes or hoes that are capable of being changed from a straight to a zigzag line, or vice versa, in combination with independent levers, connecting said shoes or hoes with the lifting-bar, whereby they can be raised by the operator individually or as a whole, substantially as described The shoe hinged to both its drag-bar and its individual lever, so that it can be raised or lowered, in either of its changed positions, by a lever that is permanently
| . . | | 2. | 2. , | | , | | | , | | | . . | | 3. | 3. , | | , | , | | | ." | . | | 4. | | | | | | | | | . | | 5. | | | |located, substantially as described In combination with a series of shoes or hoes that are capable of being changed by the operator at the rear of the machine from a straight to a zigzag line, or vice versa, a shaft and lifting lever connected therewith, whereby the whole series can be raised at once by the operator, to pass obstructions substantially as described."
| | . | | 6. | | | , | | | | | | , | The cause was heard in the Circuit Court, on pleadings and proofs, and a decision rendered in May, 1881, Davis v. Brown, 19 Blatchford, 263, in pursuance of which an interlocutory decree was entered, in June, 1881, declaring the reissued patent to be valid, and to have been infringed as to all its claims, and awarding a recovery of profits and damages and a perpetual injunction. On the report of a master, a final decree was entered in February, 1882, by which the plaintiffs recovered $5689.91, as damages and costs. The defendants have appealed to this court.The specification of the original patent stated the purpose of the invention to be, to change the seeding shoes or hoes from a straight to a zigzag line, and vice versa; and, also, to so hang the shoes or hoes, as, in addition to the shifting process, to allow the shoes or hoes to be raised all together, or any one separately. The mechanical means described in that specification, for shifting the shoes, are these: In the front part of the machine is a rotating shaft, with cranks on it, so arranged that the shaft does not have a straight continuous axis, but has sets of axes in different lines, alternating, so that, yokes being attached, each to two of the cranks, and each two of the cranks having axes in a different line from the line of the axes of the next two adjoining cranks, the yokes being of substantially equal length, and being connected by drag-bars, at the rear ends of the drag-bars, to the shoes, a rotating motion given to the crank-shaft will shift the shoes, by moving all of them, each alternate shoe moving in an opposite direction from that in which the shoe next to it moves, and thus a space being opened or closed, of double the distance through which any shoe travels. To rotate the crank-shaft, there is a cross shaft in the rear of the machine, on the end of which is an upright lever, which extends upwards to form a handle, and has pivoted to it below a bar, which extends forward, and the forward end of which is formed into a rack, which works into a pinion on the end of the crank-shaft. By moving the lever, the rack and pinion are worked, and the crank-shaft is rotated, and the shoes are shifted. The extent of the rotating movement of the crank-shaft is about half a circle, back and forth. The original specification says, that, instead of employing the crank-shaft, the shoes may be united in sets to different bars, which may be straight, both bars being united to cross-bars or heads, at their ends; and that, by shifting these two bars, the shoes attached to them will be shifted. But there is no more specific description of mechanism for the purpose, nor any drawing of such mechanism.
In the defendants' machine, every alternate shoe is connected with an immovable part of the frame, and every other alternate shoe is connected with a swinging cross-bar, which hangs down so as to have a motion back and forth in the arc of a circle, by reason of its being hung in bearings in the side of the frame. A rod extends from near the middle of the width of the swinging cross-bar to the rear part of the frame, behind the line from which the shoes are suspended, which rod is supported in the centre of its length, and terminates, at its rear end, in a handle, so that an operator can work it, and, by pulling it, shift simultaneously all the shoes that are attached to the swinging cross-bar. Two coiled springs are so arranged, that, when the rod is pulled, the springs are compressed, and, when the rod is released, the action of the springs tends to throw the swinging cross-bar and the shoes attached to it towards the front of the frame again, restoring them to the position from which the pulling of the rod moved them. Thus, only alternate shoes are shifted, but the positions of the toes of the shoes, relatively to each other, can be simultaneously changed, and a wider space, in a straight line, be opened between any two toes at any time. The shoes are so set that their toes are never in a straight line across, but, when nearest to each other, are somewhat out of a straight line, and the pulling of the rod causes the distance between them to increase. The shoes which move in increasing such distance do so through the rotating motion to and fro of the swinging cross-bar to which they are attached, such motion being imparted by the pulling, at the rear of the machine, of the rod attached to the swinging cross-bar. In the plaintiffs' machine, the shoes which move, in increasing such distance, do so through the rotating motion to and fro of the crank-shaft to which they are attached, such motion being imparted by the pushing at the rear of the machine of the rod that carries the rack, the rod being worked by a lever.
An examination of the claims of the original and reissued patents shows that claim 2 of the reissue is substantially the same as claim 1 of the original; that claim 4 of the reissue is substantially the same as claim 2 of the original; and that claim 5 of the reissue is substantially the same as claim 3 of the original.
The Circuit Court held that claim 2 of the reissue was infringed, although in the defendants' machine there is no lever such as the lever H of the patent, and no equivalent or substitute for it. The view taken was, that claim 2 was infringed, because the defendants use a rod, the end of which is pushed and pulled by the hand of the operator, while in the patent the lever H pulls and pushes the end of the rod. But the lever, or its equivalent, as a mechanical instrument, is made an essential element in claim 2, and dispensing with the lever, and using instead the human hand, is not the use of an equivalent, although in the plaintiffs' machine the hand is applied to work the lever. Water Meter Co. v. Desper, 101 U.S. 332, 337; Gage v. Herring, 107 U.S. 640, 648; Fay v. Cordesman, 109 U.S. 408, 420, 421; Sargent v. Hall Safe and Lock Co., 114 U.S. 63, 86.
In order to determine what construction ought to be given to the other claims of the reissue, it is necessary to consider an invention made by one Powers, at Madison, Wisconsin, in 1862, the invention of Davis being carried back only to September, 1866. During the winter of 1861-2, and the spring of 1862, Powers was selling, at Madison, grain drills with iron drag-bars. During the season of 1862, noticing the working of drills in the field, he conceived the idea that the shoes could be put into single and double ranks by a more easy method than that then used. He worked out a plan, and made a model of it, and applied for a patent, November 10, 1862. The patent was ordered to issue December 6, 1862, but was never issued. The reason is not stated. The specification filed states that the "invention consists of a device to enable the shovels or plows of a drill to be set in single or double rows or ranks, with greater ease and facility than hitherto." The method described and shown in the drawings is to have a cross row of stationary shovels; and a cross row of other shovels, attached to a cross-bar, which is arranged, at each end of it, so as to slide to the extent of eight inches to and fro, in a groove. Thus, two rows may be made, or the sliding cross-bar may be set at a point where all the shovels will be in a line, and one row be formed. The movable cross-bar is moved by hand, and secured, when set, by bolts. The claim covers "the method of double and single ranking the drill teeth, by the adjustment of the sliding cross-bar A, to which are attached the alternate drill teeth or shovels, to different positions between the side pieces of the frame." The description states, that, "by this device, double or single ranking can be effected in a moment, instead of the more tedious process of other similar machines," and that "double and single ranking is a highly important feature in a drill, to adapt it to different soils and circumstances." Powers put this shifting arrangement "on to two or may be three drills" which he had on hand. He testifies to the use of two of them, and says they worked perfectly, so far as changing the rank of the drill was concerned. This was a completed invention. The idea of changing the relative positions of the shoes by having one row of them stationary and moving the other, which is the idea developed in the defendants' machine, was fully embodied in Powers' machine. It had no lever and rod to do the work of the hand in moving the sliding cross-bar, and that cross-bar was held in position, when set, by bolts.
In view of this invention of Powers, we are of opinion that the invention of the Davis patent must be limited, so far as the shifting apparatus is concerned, to the special arrangement of the rotating crank-shaft described, and shown in the drawings. The words "substantially as described," found in each of the first two claims of the original patent, properly confined those claims to the shifting mechanism described. If claim 1 of the reissue is given a construction which includes any arrangement for shifting not substantially using a rotating crank-shaft, it becomes a claim which could not lawfully have been granted in the original patent; and, as a claim in a reissued patent, it is invalid, within the defences set up in the answer, because the application for the reissue was made nearly eleven years after the original patent was granted, and after machines effecting the shifting by other means than a rotating crank-shaft had gone into use subsequently to the date of the original patent, and no sufficient excuse is given for the laches and delay. The same remarks apply to claim 3 of the reissue.
In view of the rulings of this court on the subject of reissued patents, made since the decision in this case was made by the court below, in May, 1881, this case must be considered in view of the fact that the new matter introduced into the specification of the reissue was put in for the purpose of reaching machines which the claims of the original patent would not reach, and of laying a foundation for claims 1 and 3 of the re-issue. The inventor and patentee, Davis, distinctly says this, in his testimony. The principal interpolation is in these words: "The rack-bar or connecting-rod m may be used for this purpose, and thereby the shoes or hoes may be shifted from a straight to a zigzag line, or vice versa, said connecting-bar m being held in position, if desired, by any of the usual mechanical devices for that purpose." In the original specification m is called a "rack-bar," because it is pivoted at one end to the lower end of the lever H, and has on its other end a rack taking into a pinion on the end of the crank-shaft. But, in the reissue, m is called "a rack-bar or connecting-rod." Again, in the reissue, the reference to the letter H, as connected with and working the chain to be used with the sheave or wheel, in the second suggested alternative means of shifting, is erased, so as not to make the use of the lever H necessary. Before these changes, the defendants' machine, which has no lever and no rotating crank-shaft, would not have been within the scope of the original claims, but, if the rack-bar were to become a connecting-rod, it was thought it might cover the rod in the defendants' machine. Claim 3 of the reissue was framed on this view, of shifting by a rod alone, while claim 1 is made so broad as to seem to claim shifting by any means, by a single movement.
As to claims 4, 5 and 6 of the reissue, the shifting mechanism of the patent, with its rotating crank-shaft, must, in view of the Powers invention, be considered as an element in each claim; and that mechanism is not used by the defendants.
It follows from these views, that
The decree of the Circuit Court must be reversed, and the case remanded, with a direction to dismiss the bill, with costs.