Page:Federal Reporter, 1st Series, Volume 7.djvu/230

 "318 TzimRm rekmiteb. �holding ferirlatc© th»oug|iiwhicb tha* needle ao'ts, a fresh por- tion' bieiiig iaTten/hoteiof laud.ian 'equai;portion. deliveued'ai each slitohj and perpetualljtjdtelir®ificigithe' material on the receiviag -plate/ eo-'taatranydengthoof seaui desiccd tnajf> be fad through and delivered during; thie continuousi action of the maoMiie, theiw'o feeds pbrfoiim thdmaiQe operatioua in the same 'way, and iby subeta^iially the satoe meana. These operations iia(| nott beeaa performed by any feed, in coinbina- iion witlj the otor thingSitis eoaribined with inthe Baeheldei* machine, feefoie Baelielder invented his machine. : This feeing sov any iapaprevBment ihthe feed^ while the opeira tiens soipeiformed'byit aEeretaineci/may be patentable in respect to deing sometEiiliig by the use of it which the Bachelder feed would notdoi'but it eanntit fte usefl to perfobm the operations referred'ioi without jnvading Bacheldeir's rights.c ! To; say that this.'ataprovementdnvihe'foed may be nsed, because it has fyaiurcs.in it whicbidid not ex&t befor© Bachelder's,.&«dj leads neeessarSy to Ihecoriclu'sion that if those features did eiitee before Baohelder's feed, itcould not be used, Yet) if th(«e featnres did exist before Bachelder's feedthey could, of course, be used always as against any olaim under Bachelder's f«edj -Bachelder eannot interfere witb those features, so fat aS'they db noteoacefri&eimselves with.theipei'foriiianee,jin sdbetantially thje isame way, and by substahtially. the same mieaiis, of the" same operations vi^hiob^ his instrunierltalities perforffl.jvbut, iifthey do concern themselves with sueh per- formaaee, h,e can interfere with them for the veryireason that they did not exist before bis invention'; while, if they had existed before his iiiventionl he clearly could not interfere with thetei..' : : : ; ': �The same remarks apply tO' the presser-foot in the defend- aEits' machine. It aids in feeding,*and acts as a stripper ; but it also 'performs the same operationv in the same way, that is perfomled by the yielding pressure-holder of the Bachelder ■machinej 6f resting on the upper surface of the material, and holding it'to the bedibeneath on which it is supported, and adapting itself; to the variations in the thiekness of the mate- rial. The faet that it is a Toller in the Bachelder machine, ��� �