Page:Federal Reporter, 1st Series, Volume 9.djvu/325

 310 FEDEEAL REPOBTEE. �whieh enabled the horse or other power to move forward continuously with- out stopping or reversing, and which caused the ram to make strokes or move- ments of fixed extent and equal power ; an opening in the top of the tube, into which the hay was fed, one forkful at a time, so that eaeh forkf ul would be thrust forward to a fixed distance by the next stroke of the ram, and thereby compacted into a vertical section of pressed hay; retaining-shoulders in the walls of the tube, at or near the forward limit of the movement of the ram, to keep the hay sections from expanding baekward on the return stroke of the ram ; grooved partitions, to be inserted between the baies and moved along in the tube with them, to separate one baie from another, and to facilitate the introduction of the bands; tie-slots in the sides of the tube, to enable the bands to be introduced, passed around the baies, and tied oii without interrupting the feeding, pressing^ and discharging operations; provision for adjusting the walls of the tube towards or from each other, to regulate the friction upon the sides of the baie ; and a springing or yielding front face to the ram or ' traverser.' to prevent the hay from overlapping it and binding between its upper edge and the top of the tube." �This is the plaintififs language, but, as a general description it is accurate. That the defendants' press infringes, we do not doubt. Whether all the plaintiff's claims are valid, and so infringed, is yet to be considered. But, looking at each press as a whole, and comparing the two, we find no material or substantial difference. Each has a crank-toggle and reoiprocating traverser, a press-box and bale-cham- ber, with tying-slots and retaining-shoulders at its rear end; each builds up a baie of separately-compressed sections, and discharges it when formed, through the forward end, by means of additional charges, and each has the adjustable sides at the front of the bale-chamber to regulate the friction of the passing baie. In short, the hay is received, pressed and formed into baies, held in position, bound and discharged, by the two presses substantially in the same manner — practically by the same means and mode of operation, and with sub- stantially the same resuit. Horizontal tying-slots are found on but one side of the defendants' (while the plaintiff's has them on both,) but a vertical slot or opening on the other, is substituted for passing the bands (the only ofiSce of tying-slots.) Neither this nor any other difference found, is deemed material. They are differences in form, that add no value to the machine. The defendants' will do nothing which the plaintiff's will not do as well and as expeditiously. The absence of advantage in the complicated method of passing the bands — rendered necessary by omitting the slots on one side — and the other differences in construction, might suggest the thought that these dif- ferences were resorted to in the hope of escaping responsibility for infringement. ��� �