Page:Federal Reporter, 1st Series, Volume 6.djvu/95

 FISCHEE V. HAYES. 83 �use of female dies above maie dies, as so testified to by him, in the Worthen and Renwiek machine, and of what is found in the Byrne book, there was not invention in elaim 4 of the Fischer patent; and he, in substance, admits that if elaim 4 is limited to the use of a single upper female die above a single lower maie die, the invention in elaim 4 did not exist in the machine which Althouse & Co. had, unless that machine was used in the way testified to by Mr. Worthen. He also testifies that so far as he remembers the upper set of dies in that machine was the stationary set. �The statement that, in the machine referred to, the lower dies were carried up singly against the upper die, is contra- dicted by four workmen, Pressler, Emerson, Handmann, and Engleman, who used the machine at Althouse & Co.'s. Press- ler has been in the employ of Althouse & Co. for the past 28 years, and foreman for them for the past 16 yeara. He says that even when the lower die was made in pieces or sections, so that a difference could be made in the height of the cor- nice, the lower sections were bolted together and were always elevated together, and one section of the lower die could not be used alone; that a single maie die was never used under a single female die ; that a sectional top die was wedged down to make the bend, and then the whole lower die was raised up against it, and then that sectional top die was fastened to the lower die, and the lower die was let down, carrying that top die, and then a second sectional upper die was operated with in the same way, and so on; and that the female die was below. Emerson, a machinist, who has been in the employ of Althouse & Co. for 22 years, and built the machine referred to under Worthen's superintendence, says that the lower die was generally in sections, and the upper dies were in sections; that the lower sectional dies could not bemoved up singly, but were bolted together; that the lower die was moved up ; that one at a time, and sometimes two at a time, of the upper sectional dies were dropped down, to bend with ; that he never knew of a single female die used above a single maie die on the machine, to make the last right-angled bend, ��� �