Page:Federal Reporter, 1st Series, Volume 8.djvu/527

 P&LMEB V. aAILINa OUN 00. 613 �argued that certain claims of these patents, not relied on by the plaintiffs, are too broad. In this stage of the case the question of costs do6B not arise; but I may as well say that there is not suffi oient evidence in the record to enable me to find whether these claims are valid or not^ and that the statute does not mean that claims not in issue should be contested for the mere purpose of settling the costs. More expense might be incurred in such a mode of trial than de- pended upon the main issue. Decree for the complainants. ���Palmee ». The Gatling Gun Company. (Circuit Court, D. Connectieut. July 16, 1881.) �1. Patent No. 37,052 — Repeating Gcks — Infringement. �Letters patent No. 37,052, granted December 2, 1862, to Charles H. Palmer, for improvement in repeating guns, Umited as to its firi>t claim, and hdd not infringed as to its firtt and sixth claims by deviees constructed under letters patent No. 47,631, gianted May 9, 1865, to Richard J. Gatling, for a battery gun. �2. Same— Claim— Consthuction—IjImitation. �The first claim of complainant's patent, for " presenting and thrusting the cartridges into the rear of the revolving barrels, or series of such barrels, in one point of the circuit, conlining and discharging them at another point in such circuit, and removing the shells or cases at another point m such circuit, in the mauner substantially as set forth," construeA not to cover a process or mode of operation, but Umited to the particular combinations described eft'ect- ing the specifie resuit. �3. Same — Inpkingement. �A battery gun, which consisted of a series of independent guns, each with its separate barrel, and loading, conflning, firing, and shell-extracting devices, each operation of loading, flring, and ejecting covering a certain part of the circle of revolution, and being completed as to each barrel by one circuit in which the cartridges were fed against the rear of the barrels, conflned by a plunger in a eartridge chamber, from which they were discharged witliout being insertfd in the barrda, and in which the hook for extracting the shells was attached to the plunger and snapped over the flanges of the cartridges in its f orward movement, retained in position untU the discharge and then moved backward with the plunger, releasing the shell, was a priur invention. Com- plainant's device, consisting of a series of continuous revolving barrels, with a single set of loEiding, firing, and extracting mechanisms, operating upon each barrel in tum, the motion of the barrels being intermitted while the operations of loading, firing, and extracting are being perfonned, the eartridge or charge being tlirust directly into the rear end of the barrel from which it is discharged, and the shell being extraoted by means of a hooked bar reciprocated back- wardly by a tappet on the operating/Crank-shaft and thrust against the breech, v.8,no.7— 33 ��� �