Page:Federal Reporter, 1st Series, Volume 6.djvu/94

 82 FEDERAL REPORTER. �ees state, in the specification, that they "intend at times to use a sectional lower die in connection with sectional upper ^ies, acting in succession, as a convenient method of obtain- ang several distinct patterns from a comparatively small number of dies, and for other purposes." But this sugges- tion does not meet the invention embodied in claim 4 of the IFischer paient. �Mr. Wortlien testifies, however, that he made a machine for Althouse & Co. in which the upper die was stationary and the lower die moved up, the female die being sometimes above and sometimes below. He also testifies that in the machine he made for Althouse & Co., under the patent, the dies were generally in gangs, but the last right-angled bend was some- times put in with a single set of dies, one above and one below, — the female above and the maie below, — both detached from the dies which made the other bends. He also says, elsewhere, that the top die was fixed, and a lower sectional die was raised against it, and then clamped up and left, and the bed plate let down and other lower sectional dies raised in succession, and left up ; that when two dies were used .singly, one above and one below, the upper one was fixed and the lower one was raised up against it, the upper die being the female die and the lower die the maie die, and the sheet of metal being placed on the latter. This machine, he says, was ultimately sold for old iron, He says that cornices made by the method thus described were put upon two buildings which he names. Mr. Henry B. Eenwick, the other patentee, and the same per- son who is the expert for the defendant, says that the machine he saw at Althouse & Co.'s was built in accordance with the Worthen and Eenwick patent, and that the upper die and the lower die were both in sections; that he has no distinct re- membrance of ever having seen the machine operated with only one maie die and one female die in it, though it was capable of being operated with one pair of dies only, and with the female die uppermost; and that, when used with several dies in it, some of the female dies were uppermost and some lowermost. Mr. Eenwick does not assert that in view of the ��� �