196 THE CORN-PLANTER PATENT. [Sup. Ct. Statement of the case.-Infringement.-Bergen, Selby. each side of the frame, to permit either frame to have a varying FIG. 16. A peculiar hinge, shown at Figure 17, was employed by Bergen, and the appellees contended that Brown was to be limited to his peculiar hinge, and that Bergen's machine had a different hinge. FIG. 17. The arrangement of Selby, the other defendant, is shown in Figure 18. He also had two separate frames pivoted together, but the pivoting or hinging was effected by extending the rear frame forward aud pivoting the front end of the runner to the projection of the rear frame. It was contended by the defendants that on this account, in the Selby machine, the two frames, although hinged, were combined together in a substantially different manner, and, therefore, Statement of the case.-Infringement. that it was no infringement. The complainant insisted that although the place of uniting the two frames together was different in the two machines, and the hinges were peculiar, FIG. 18. yet the pivoting of these frames together caused the combined action to be exactly alike. The claim of Reissue 1039 was in these words: "CLAIM 1039. Having thus fully described the nature and object of my invention, what I claim under this patent is in a seed-planting machine, wherein the seed-dropping mechanism is operated by hand or by an attendant, in contradistinction from mechanical dropping;' the mounting of said attendant upon the machine, in such a position that he may readily see the previously made marks upon the ground, and operate the dropping mechanism to conform thereto, substantially as herein set forth." The complainant urged that this was not for the mere putting of a seat on the machine, but for so arranging the several parts that a dropman could be located in a position to see the marks on the ground, and work the seed-valves, and that in both the Bergen and Selby machines the same arrangement of the several parts of the respective machines had been made; that a man could be located there in a sitting position and do his work. The arrangement of Brown's seat is shown in Figure 19, on the next page, and was between the two seed-boxes, and so that he could sit sidewise astride and observe the marks. The Bergen seat was, in like manner, located between the Statement of the case.-The dropman's seat. two seed-hopper boxes, and so that the dropman could sit astride of the seat and look sidewise across the field. The arrangement for Selby's seat is shown in Figure 15,* and was in the same position as Brown's. It was contended by the complainant that as no one had ever arranged the several parts of a corn-planter so that a man could sit upon the machine in a position to watch the marks on the ground and at the same time work the valves, the manner of organizing these several parts, by which he could sit there and work the valves, involved invention, and this was not like the mere putting of a driver's seat on a machine in positions where drivers' seats had been accustomed to be placed, for the mere purpose of driving the machine. The opinion of the court, as already stated, dispenses with the necessity of reference to the question of infringement of the second group of reissues, except Reissue No. 1095. The claim of the reissue 1095 was in these words: "CLAIM 1095. Having thus fully described my invention, what I claim under this patent is, so combining with a lever, by which both may be operated, a valve or slide in the seedhopper, and a valve in the seed-tube, as that a half-motion of the lever by the operator, riding on the machine by which they are operated, shall both open and close the seed passages at regular periods, and pass measured quantities only, substantially as described." * Supra, p. 195. Statement of the case.-Double-dropping mechanism. It was contended on behalf of the complainant that this was a claim for a combination, as shown in Fig. 20, consist FIG. 20. ing of a lever l, a sliding valve in the bottom of the seedboxes having two openings, a and b, and a vibrating valve in the seed-tube extending throughout the length of the seedtube, which valve, when vibrated in alternate directions formed alternate passages in conjunction with the opposite sides of the seed-tube, so that when vibrated in one direction this seed-tube valve formed, with the side of the seed-tube, a passage E, which, in connection with the opening b, in the hopper-valve, caused the seed to descend into the seed-tube and be retained at the bottom of the seed-tube. When the lever was vibrated in the opposite direction, the valve in the seed-tube moved into the position E' (Figures 21 and 22), so as to open on one side a passage to the ground for the seed previously deposited in the seed-tube, and at the same time opened a passage for the seed through the seed-hopper slide-valve into the seed-tube, on the opposite side of the vibrating valve from that shown in the first position. The mode of combining their several elements, namely, the lever, the valve in the seed-hopper, and the valve in the sed-tube, Statement of the case.--Case and Brown's dropper. was substantially similar to that of the complainant. So that the vibration of the slide-valve, at the bottom of the seed-hopper, caused the tube-valve to vibrate in proper relation thereto. Two devices were set up as anticipating Brown: 1st. That of Jarvis Case, whose device, in its two positions, is shown in Figures 23 and 24. This machine was like Brown's, in that one muscular effect did the work of opening and closing the hopper-valve and seed-tube valve, but the seed-tube valve was not doubleacting, and a spring returned it to its place, and the operator had to overcome the force of this spring. 2d. Finn's machine, which is shown in Figures 25 and 26. In this last-mentioned machine the seed-tube valve and hopper-valve were each only single-acting, and two motions of the arm of the operator were required in consequence for each deposit of seed. It was contended that Brown's machine differed from Finn's and Case's, in containing a lever in combination with a double-passage hopper-valve and a vibrating valve extending through the seed-tube, which |