Page:Federal Reporter, 1st Series, Volume 7.djvu/228

 216' VBOSBiili BBPOffiTEB. �present case were passed tipon in those cases adverseiy to the defendants therein. There arfe 14 elaims in the re-ibstie. In the 'Brauusdorf suit the- diBfeedant's machine was the iEtna, machine, and was keld to in£ringe claims 1, 2, 3, 4, 5, 6, and 11. In the Moulton suit the defendant's machine was the Whitney machine, and was held to infringe all the claims. The MtjiSi machine Ead a wheel feed. The Whitney ma- chine had Allen B. Wilson's four-motion feed. �The defendant'^ macTiiife in' the 'ptesent case infringes all the claims of the p$,tei^tj. It is .coptepded, for t^ie <i,^f endant, that the re-issue is not for the same invention as the original patent, and that the re-isMe describes and'claims more tliari Bachelder actua^ly inyented. . i»Ij;,.,II. S. EenwicJ^, an expert ■witness forthe plaintiffs,iitBBtifies that every improvement that is spectified in the rei-issue is found desoribed in the specification and dra^vings' of '|;he .originar patent. 'There is no tesjiimony in ,oontradicti,on .of ihis., This being ,sp, it fol- lows, necessarilyv that every comiMnation .desoribed in the re-issue as performing' a given office exisied in the machine desoribed and showa in the specification and' drawings of the original patent, and perfprmed., iii a machine constructed in aocoidance with the specification and drawjngs of the original patent, the same office that it performs in a ma- chine constructed in accordance with the specification' and drawings of the re-issue. Therefore, every such oombina- tion might have been patented in the original patent», by a proper claim. If so, not only was a re-issue proper, but a re-issue in the form granted. It isiof no consequence that the re-issue statesithat certain combinations are found in the machine whiob toII act in i a certain way and effect certain results, when the original did notstate that such combina-, tions were found therej or failed to state that said modes of operation and said results would ioHow provided the said combinations intact existed in a machine made accoiding to the drwiugs (and ■description in the original patent, or pro- vided the saidiuordea of operatioaa and the said results in fact followed in a machine bo f&ade. To supply suchdefeots is the very bbject and office of a re-'isaue.. ��� �