Page:Federal Reporter, 1st Series, Volume 9.djvu/774

 HOLMES t). PIjAINVILLE JBANUF'a CO. 75^ �**The slatted lever/ J, ,pawl, Ai, ratchet-wheel, I, gear-wlieel, G, the rod, L, spring, Oi nut,^, abd mm, m, the 'iay,' B, and cloth-beam, F, of the loom, when ai'ranged with reference to each other, substantially as herein shown and described, for the purpose specifled." �On May 16, 1876, letters patent were granted to Ira Tompkmsand Albert Tompkins for improved take-up rollers for knitting-machines, and thereafter the plaintiffs' reissue was granted. The reissue was designed to extend the patent to machines for knitting as well as for weaving. The claims are as follows : �"(1) In a take-up devioe for looms, the combination of the ratchet-wheel, I* through which motion is imparted to the beam which takes up the fabric, the oseillating pawl-carrier, J, provided with pawl, k, the rod, L, spring, 0, stop- nut,^,,and reclprocating slidingcoljar, m, and operating meehanism, whereby the positive reciprocating motion imparted to the sliding. collar is made to tutn the ratchet-wheel a greater or less distance, aceording to the tension of the fabric, substantially as described. (i) la a take-up device for looms, the eombination of the stop-nut, p, the rod, L, spring, 0, sliding collar, m, the crank, M; and suitablp' intermediate meehanism, substantially as described. whereby the rotarymotion of the crank is transferred into the compensatory reclprocating motion of the rod, L, for the purpose set forth." �A knitting-machine h as nothing in common with' a loom, for weav- ing, except that each has a roller upon which the completed fabric is rolled, and a take-up. The office of the take-up, in each machine, is to regulate the tension of the cloth. In a loom, it is necessary that the warp should be kept taut between the yard-beam and the cloth- beam. A knitting-machine produces a faibric made by a succession of loops, and as the necessities of the manufacture do not require that the yarn or threads should be kept tightly drawn, a smaller expenditure of force is necessary than in a loom take-up, The defendants' machines are rotary. The take-up rollers, and the frame which holds the take-up, revolve with the machine. Power is com- municated to the crank gearing, which aotuates the take-up meehan- ism, by the revolution of the frame upon its spindle. The take-up meehanism proper, of the Holmes and the Tompkins devices, are the same ; the differences are in the meehanism by which poWer is com- municated. The crank of the Tompkins device ''directly actuates the take-up machinery, instead of ia,ctuating the Iay of the loom to move the take-up mechanisui." �The plaintiffs' case is' founded upon the position that the Holmes invention was not a take-up for weaving looms only, but was a take- up deyioe for any looms which require a take-up, and that the orig- ��� �