Page:Federal Reporter, 1st Series, Volume 9.djvu/472

 EDGABTON V. FUBST & BEABLEY MANUF'g CO. 457 �treaJles working in combiiiation with each other for their different purposes, or whether he intended to cover each one as a separate device, so as to be able to punish any infringer who used both or only one. In other words, it seems to me he attempta here to cover not only the combination of these treadles with the axle, but each separate element of his combination ; and this, I think, cannot be allowed. But even if I am wrong in this construction, still it seems to me that this claim must be held inoperative, because it shows no useful resuit wbich can be produeed by this mechanism alone. He does not show that these treadles are to operate in combination with, the bar or standard, F', so as to work the rake-head either to unload or hold it down while gathering the hay. �As olaimed, these treadles are simply two sticks, as was said upoii the argument, which are not connected with any part of the mechan- ism. It is true that the words "as shown" refer us to the specifica- tions and drawings of the patent ; but when we examine these specifi- cations and drawings, we find that these treadles do not reach any operative combination or connection with the axle except through the rake-head, and it is bo obvions that it needs no argument, that the treadles and axle alone would not rake hay or perform any other effective work; so that a claim of the treadles and axle gives us no operative mechanism. But without being hypercritical as to the lan- guage of this, or either of these claims, I find from the proof that both these treadles were used andsold with Whitcomb's consent more than two years before the patent was applied for. These treadles are both shown in the three full-sized rakes in evidence in this Case. These rakes were, I am satisfied, made and sold as early as 1855. The only substantial difference between these rakes and the patent is the mode of hinging the rake-head tb the axle or carriage. In the full-sized rakes shown in evidence the rake-head is fastened to the carriage by clasps, which allow the rake-head to revolve within the clasps upon its own axis. This rake-head is attached to the carriage frame by the joint, C, so that the lower corner of the rake-head is made the center of motion,- — a difference which may have some me- chanical value, but is only a specifie difference. �These treadles which I am now considering were in use in the old rakes in 1854 and 1855. This evidence shows that Whitcomb began to make rakes as early or earlier than 1851. In 1852 he applied for a patent on the form of rake which he then claimed to have in- vented, which application was rejected. In this application he shows a horse rake with wire teeth, and the teeth attached directly to the ��� �