Statement of the case.-Graham's invention.

eyes have inclined slots cut in them, so that they form ears, or open boxes, into which the journals are inserted when the parts of the picker-stiff motion or the constituents of the combination are put together. Thus the shaft and the journals can readily be removed and replaced, and the journals are free to play without working out of their bearings. The rocker is retracted and caused to move by means of a spiral spring, wound loosely around a short shaft below the bed, and attached at one end to a plate which turns freely on the shaft; and the plate is connected by a strap with a hook extending from the under-side of the rocker, or the lower end of the shaft-arm.

The reissue continued:

"The first part of this invention relates to the position of the journals. This position is determined by the position of the socket for the picker-staff, which socket is so placed that the point of the picker-staff which strikes the shuttle must move in the required line; and this part of the invention consists in placing the journal at or near this socket, and as near the level of the bed as practicable. In this position there is the least possible wear, and the journals perform all their functions to the best possible advantage. It is obvious that as every point upon the rocker varies its position in the action of the motion, with reference to the bed, it is impossible to connect the journal directly with the rocker and its box directly with the bed, or vice versa. One or the other must be indirectly connected, and it is for this reason that in the motion described the journals are placed upon the arm g, upon which the rocker can play up and down. So far as we know, no rocker has ever been combined with its bed by means of journals before this invention."

"The second part of this invention consists in forming the boxes or bearings for the journals with such an opening that the journals may be laid in them in putting the motion together, without liability to work out in the operation of the rocker, as plainly shown in the drawings. This method of construction is much cheaper than making the boxes cylindrical, and is quite as efficient in every respect."

The claims of the reissue were as follows:

"1st. The combination of a rocker of a picker-staff with its

Statement of the case.-Mason's invention.

hed, by loose journals, projecting on each side of the pickerstaff, and arranged beneath the picker-staff, substantially as described.

"2d. In combination with the rocker, the bed and the journals, the open boxes, substantially as and for the purpose described.

"3d. In combination with the rocker and its bed, the journalbearing arm, operating substantially as and for the purpose specified."

The devices of Mason (the defendant) are shown in perspective in Figure 5; and a vertical section, in central plane, of the rocker, is shown in Figure 6.

FIG. 5.

FIG. 6.

These drawings were thus described in the defendant's patent:

Statement of the case.

"A represents the rocker-bed, cast with a socket, a, at one end, by which it is attached to the loom. The upper surface on which the rocker works is, as usual, straight, in the direction of the length, but in the cross-section it is made concave, of a V-shape, to within a short distance of the outer end, where it is formed with a cross semi-cylindrical box, b, to receive one end of a link, to be presently described; and near the middle of its length it is formed with a vertical mortise, C, through which the stem of the rocker passes, and in which it plays freely.

"The rocker, B, longitudinally is, as usual, in the form of a segment of a circle, but in the cross-section it is of an inverted V-shape, to fit the concave of the bed. It has a short stem or arm, d, which extends through the mortise, c, in the bed, and by which it is, as usual, connected with a spring for drawing back the picker-staff. The upper part is suitably formed with an open socket, e, to receive, and in which is secured by a screwbolt, f, the lower end of the staff, g. Back of the socket, e, it is formed with a cross semi-cylindrical box, h, like the one, b, at the outer end of the bed, A.

"There is an open link, c, consisting of two cylindrical journals, i i, connected by side-bars, JJ. One of the end journals fits and works in the semi-cylindrical box, b, at the outer end of the bed, A, and the other in the semi-cylindrical box, i, of the rocker. As the tension of the usual spring attached to the arm, d, of the rocker tends to draw the rocker in the direction of the arrow, the link, c, keeps it in its right place on the bed, and by reason of its end journals working in the semi-cylindrical boxes, permits the required rocking motion to take place freely, whilst at the same time the form of the upper surface of the bed, and of the under surface of the rocker, prevents the pickerstaff from wabbling or moving sidewise.

"By the mode of construction above described, I am enabled to make the whole structure of three pieces, the bed, A, the rocker, B, and the open link, c, each of which can be readily cast, and the three put together and used without any finish beyond the usual cleaning operation to which castings are subjected."

The claim of Mason was as follows:

"The bed, formed with a V-shaped groove, and the rocker, with its under surface of the corresponding form, in combination

Statement of the case.-How far Graham was anticipated.

with the open link, by which the rocker is kept in place on the bed, substantially as and for the purpose set forth."

It was not disputed that the defendant's machine was the same as that described in the complainant's patent, in these respects, viz.:

1. Each consisted of three main parts, the rocker, the bed, and a third piece whose office it was to hold the rocker properly upon the bed.

2. The rocker and the bed were the same in each.

The principal question for consideration of the court below was: Whether the device for holding the rocker upon the bed in the defendant's machine was the substantial equivalent of the corresponding device in the complainant's machine?

These devices in each machine were described as follows: In the complainant's machine the rocker, a, in its reciprocating movement, was kept true in its bearings by the arm or bar, g, which held the rocker in position; the bar, g, oscillated upon its journals, hh. The eyes or bearings for the journals had inclined slots, i, cut in them, so as to form open boxes, in which the journals were inserted.

In the defendant's machine there was an open link, c, consisting of two cylindrical journals, ii, connected by side-bars, JJ. One of the end journals fitted and worked in the semicylindrical box, b, at the outer end of the bed, A, and the other in the semicylindrical box, i, of the rocker. As the tension of the usual spring attached to the arm, d, of the rocker tended to draw the rocker in the direction of the arrow, the link, c, kept it in its right place on the bed, aud by reason of its end journals working in the semicylindrical boxes, permitted the required rocking motion to take place freely.

One of the defences-one, however, not much pressedwas that the invention of the complainant, Graham, had been anticipated by prior devices.

Of these four only need be noticed. They were described in the earlier patents granted to Benjamin Lapham, to David Barnum, to Renselaer Reynolds, and to William Stearns.

Statement of the case.-Master's report.-Profits.

While each of these had a rocker and a bed, no one connected the rocker with the bed by means of loose journals, or by loose journal-bearing arms, and no one of them obtained the beneficial results secured by the invention belonging to the complainant. In Lapham's invention there was one journal on the bed and one on the rocker, both on the same side of the picker-staff; a device which obviously could not prevent wabbling, or the sliding of the rocker on the bed. Barnum's invention had no journals, journalboxes, or journal-bearing arms. Nor had the device of Stearns. In the Reynolds patent the rocker was described as held to the bed by means of a strap fastened at one end to the under face of the rocker, and at the other to a point in the groove of the bed-piece, in which the rocker rolled.

The defendant referred to the four patents above mentioned as exhibiting the state of the art when the complainant's patent was granted, and as requiring that patent to be construed to cover only a combination, of which a journalbearing arm sliding vertically in a hollow place or box in the rocker, and having journals which turn in open boxes in the bed-piece, is an essential constituent.

The court below held that the invention of Graham had not been anticipated by any of the devices relied on to show anticipation; that the patent of the complainant was infringed by the machine of the defendant, aud a decree was entered ordering the defendant to account, and referring the case to a master to state an account.

This decree and reference was made on the 9th of June, 1869.

The master reported that the defendant had made and sold 3639 pairs of the infringing motions as a part of looms manufactured in his establishment, and that the profits resulting from the manufacture and sale of such motions had mingled with the profits from the manufacture of looms: That the cost of making the looms, including the motions, was $59.63:

That the cost of making the motion was 45 cents each, or 91 cents for each loom: