Page:Federal Reporter, 1st Series, Volume 9.djvu/466

 EDOAETON V. FDRST & BBADLBY MANUf'o CO. 451 �Thomas H. Dodge, for complainants. �West e Bond, for defendants. �Blodoett, D. J. These two suits are for infringement of letters patent issued on the fifth day of October, 1858, to George Whitcomb, for an improvement in horse hay rakes. The patent was reissued June. 16, 1868, in two parte, as reissues No. 2,994 and 2,995^ and on the fifth of October, 1872, was extended for a further term of seven years. �The first suit is brought by the owners of the original term, and the second by the owners of the extended term. �The defences set up are : �First, the invalidity of the reissued claims involved in this suit; second, that the devices covered by the reissued patent were in public use, with the kndwledge or consent of the patentee, for more than two years prior to his application for this patent, and also that they were publicly known and used by others for more than that timej third, that the improvements in question are anticipated by the older art; and, fourth, that the defendants do not infringe. �The patent in question bas reference to what are known ^.s wire- tooth horse hay rakes, and the claims of the patent alleged to be infringed by the defendants are the second and fourth of reissue No. 2,994, which are as follows : �"Second. The combination and relative arrangement of the hinged rake- head with the supporting axle and carrying wheels, substantially as shown and described, whereby the head is supported above the rear upper edge of the axle, as shown, and the lower ends of the teeth, when gathering the hay, oceupy positions in rear of the tread of the wheels, and forward of a vertical plane on a line with the rear edge of the wheels, substantially as shown in the accompanying drawings. �"Fourth. The arrangement of the rake-head, E, and foot-treadles, H J and G K, or either, in relation to each other and the axle, B, substantially as and for the purposes set forth." �In his specifications, forming part of the original patent, the pat- entee inserted a disclaimer as follows : �"I do not claim the wire teeth, F, attached to the head, E, as shown, for Buch device, mounted on wheels, is in quite common use." �This disclaimer is wholly omitted from the reissued patent, and the only claim in the original patent was : �" The arrangement of the treadle, J K, lever, I, rake-head, E, arras, G K, bar, F, joint, C, and adjustable rope, L, substantially as and for the purposes set forth." �This patent was before the United States circuit court of Massa- chusetts in June, 1872, in the case of Brown v. Whittemore, 5 Fish. 524, Mr. Justice Clifford and Judge Lowell, presiding, and the two- ��� �