Page:Federal Reporter, 1st Series, Volume 7.djvu/934

 922 FBDEBAL BEPOBTEB. �WiSNBB V. Gbant and othera. {Circuit Vottrt, N. D. New York. ■, 1880.) �1. Bb-Issds: No. 8,475— Horsb Hay Rakes— Anticipation— Vaudity. �• Re-issiiedletters patent No. 8,475, grantee November 6, 1878, ta William H. Field, for horse hay rakes, Md, anticipated by letters patent No. 7,813, granted Henry W. Sabin, December 3, 1850, for improvement in horse rakes, and therefore invalid. �2. Obiginal Patent— Spbcifio Construction— Rh-Issue—Bhoad Gkn- �BKAt ClaIM— CONBTiaCCTION. �Where the original patent claimed a speeifla construction of rake is clear that the office of the re-issue is to secure the broad claim to the use of a rake head generally, the patentee will be held to such ciaim, even though the reault may be that the real invention will not be secured. �Upon such a construction of the re-issue, complainant's device being a horse hay rake, with its axle continuously rotated by gear whedlB, a rocking head mbunted on it, a lifting ratchet wheel attached to and revolving with it and arrangea to engage with a pawl on the rake head to dump the load, and a stop to release the head from the ratchet and reset the teeth, Tidd, anticipated by a device in which the teeth are mounted separately upon a continuously revolving axle by eye bearings, which abut against each bther and are raised simul-, Ijaneously by means Of a transverse bar bearing upon one end of the teeth. �L. HiM, for complamant. �C. M. Peck, for defendants. �Wai/lace, D. J. The oomplainant alleges the infringement by defendants of the first, second, and fourth claims of the re-is8ued letters patent granted to William. H. Field, Novem- ber 5, 1878, for an improvement in horse hay rakes. The eontroversy relates to that class of hay rakes in which the rake teeth are tilted, aind discharge the hay in windrows by the traction of the apparatus. The original patent was granted to Cyrus B. Holden, April U, 1868. �The first claim of the re-issue is as follows: "First, &ti oscillating rake head, mounted on rotating axle, and having bearings through which the axle rotates when the rake i» advanoing, substantially as described." �The second claim is: "An oscillating rake head mounted ��� �
 * head, in combination with other devices, in a horse hay rake, and it