Page:Federal Reporter, 1st Series, Volume 6.djvu/303

 EOWELIi V. LINDSAT. 291 �5. Saite— Sbpaiiatb Elements— Entieett. �A combination must be maintained as an entirety, and no one sepa- rate element can be regarded as the distiactive and essential feature of the invention. �6. Same— Substitution of Pakts— New Functions— New Combina- �TIONS. �A combination is not infringed by the substitution of a new ele- ment, or of one that performa a substantially diiierent function ; or by the substitution of an old element, not known at the date of the patent as a proper substituts for the omitted ingredient ; or by a new combination of the existing elements of the patented combination. �7. Same— Infeikgbmeiit— Case in Judgment. �A patent for an improvement in cultivators claimed the combina- tion of a slotted beam, shank, brace-bar, and boit, when the parts were consti-ucted and arranged to operate as and for the purposes specified. Held, that such patent was not infringed by a machine which contained such slotted beam, shank, and boit, but did not in- clude the brace-bar, or any mechanical equivalent for the same. — [Ed. �In Equity. �Jas. J. Dick and A. R. R. Butler, for complainants. �Wood ce Boyd and J. P. G. CottriM, for defendants. �Dybr, D, j. This is a bill to restrain the infringement of a patent for an alleged new and useful improvement in culti- vators. The original patent was issued to complainants July 3, 1866. A re-issue was granted March 31, 1868. Varions defences are interposed, among which is the defence that the defendants are selling cultivators made by Thomas, Ludlow & Eodgers, of Springfield, Ohio, which are covered by letters patent No. 152,706, granted to J. H. & J. W. Thomas, June 30, 1874, and they deny that they are infringing complain- ants' patent. In the specifications of the patent, the inven- tion is described as consisting of the application to the shank, B, of the tooth, of a curved brace-bar, G, the upper end of which passes through a slot or mortise in the beam, A, and is held in position by a clamping-bolt, D, which passes trans- versely through the slot or mortise near the brace-bar, so as to clamp it in any required position, and thereby adjust the tooth in any inclination, at the same time allowing it to yield to immovable obstacles without breaking. It is further stated in the specifications that "it is evident that, in a device thus constructed and operating, the brace-bar, C, can be so clamped ��� �