Page:Federal Reporter, 1st Series, Volume 9.djvu/328

 DEDEBICK V. CASSELL. 313 �The third, the proofs show to be a novel and patentable combina- tion. We do not think any of the devices exhibited by the defendants, prove anticipation. Its utility cannot be questioned.-^The fifth is invalid. The baie, claimed as the "press-head, " f orms no part of the patented machine. It is the product of the press — the resuit of its operation in use. — The eleventh — for the "follower 0, as a partition," refers to the "follower 0" described in the specifications. No valid objection to it is shown. �Of reissue 8,312, the claims involved read as follows: �"(6) The toggle G F, connected to the reciprocating traverser C, in combina- tion with the press-case B D, provided with a yielding head or resistance, for the purpose set forth. (7) The press-box B, reciprocating traverser C, in combination with a bale-chamber, D, provided with a movable partition be- tween the forming and finished baies. (8) The process of forming the baie within the chamber by means of a movable partition, the traverser, and the previously-compressed baie, substantially as described." " (10) In a baling- press, the crank, eceentric, or cam, or the toggle F G, in combination with the reciprocating traverser C, and baling-chamber B D, provided with a movable partition frame for the baies. (11) The bale-chamber D, provided with sta- tionary retaining-shoulders, in combination with a movable partition for the baies." �The sixth diSers from the third of 8,316 only in the last element named — "the yielding head of resistance" — and as this element is admitted to be the "finished baie," embraced in claim 5 of 7,983, "which we have already considered and rejected, this claim also must be disallowed. The distinguishing feature of the seventh, eighth, tenth and eleventh, is the "movable partition" in the combination stated. If by this partition is meant a plain slide (a partition with- out grooves,) as the plaintiff's testimony, as well as the language employed to describe the device, would indicate, the claims are un- justifiable. No such partition is indicated in the specifications, drawings or model, — for the very good reason, no doubt, that its use ■would be impracticable in the press. The partition there shown is the grooved "follower 0." The language of the specification is, "the follower 0, with tying-grooves, is inserted in the press-box in the rear of the finished baie, and forced along with it," thus constituting a partition between the baies, and facilitating the passage of bands. In the original patent a single claim is founded on this, in the following words : "(10) The follower 0, constructed with grooves on both sides. in combination with the bale-cljamber," etc. �In the reissue 7,983 two claims are founded upon it, as follows: ■"(6) The follower 0, constructed with grooves on both sides for the ��� �