Page:Federal Reporter, 1st Series, Volume 9.djvu/666

 DAVIS V. BROWN. 651' �ing, shown in the drawings and model, was to have a cross-shaft in the rear part of the machine, and an upright lever on the end of it extending up for a handle, and below having pivoted to it a bar run- ning forward, and made in its forward end into a rack, working into a pinion on the end of the crank-shaft. Moving the lever worked the rack and pinion, and turned the crank-shaft and shifted the shoes. The estent of the extreme rotating movement of the erank- shaft was about half a circle back and forth. It is perfectly obvions that when the prineiple of the shifting of the shoes by so attaching them to a shaft having a rotating movement that such rotating movement of the shaft would shift the shoes attached to the shaft, was embodied in machinery, and one method of imparting such rotating movement to the shaft was embodied in machinery by a lever acting through a rod and a rack and pinion, it was mere me- chanical skill, and not invention, to substitute for the lever, rod, rack, and pinion some other mechanical means of giving such rotat- ing movement to the shaft. �Accordingly, the original specification says that it is perfectly obvions that other mechanical devices may be used for shifting the shoes. It then suggests, as one mode, to have the lever, insteaal of working a rod, rack, and pinion, work a chain extending f rom it to and around a sheave or pulley keyed on the end of the crank-shaft. It also suggests that "a crank or cross-arms may be placed on the turn- ing shaft, and by means of Connecting rods whieh connect the cranks or arms with the levers the shaft may be turned."* This evidently means that a crank or a cross-arm may be put on the end of the shaft in place of the pinion, and a Connecting rod be run from the crank or the cross-arm to the lever, and be worked by it to rotate the shaft. It also says that "instead of crank- shafts to shift the shoes, the shoes may be united in sets to different bars, which may be straight, both bars being united to cross-bars or heads at their ends," and that "by shifting these two bars they will shift the shoes attached to them." The idea here is to dispense with the crank-shaft, and fasten some of the shoes to one straight bar and some to a second straight bar, and have cross-bars or heads at the neck of the two bars so uniting them that the bars may be shifted to shift the shoes. The idea seenis to be preserved throughout of having a lever at the rear part of the machine, at the end of a Connecting rod or a chain, and working thereby a pinion or a pulley on a shaft or two bars with shoes attached to them. �The defendants have a machine in %hieh every altornate slide is ��� �