Page:Federal Reporter, 1st Series, Volume 5.djvu/464

,4-52 FEDEEAL REPOKTEK. �* * * to any particular metbod of suspending the same," referring to the means of suspension of the stack as well as to the wheels of the drier. And again he says : "Figure 1 is a partial section and elevation of my improved fruit drier, showing the same as being located over an ordinary stove, and illustrating a simple means of elevating the machine," (par. 2 ;) and again : "The swinging crane and windlass com- bined is regarded as the simplest means likely to be employed for elevating the drier," (par. 8.) So ,that the complainant bas not limited himaelf to any terms in bis specification and claims to the employment of only the means and devices for suspending or elevating the stack, as shown by bis specifica- tions and drawings, but be bas left cpen to bimself the use of other means wbicb migbt occur to him as more convenient and better adapted to the "purposes intended" thau the mecbanism shown by the drawing ; the object and value of the patent consisting not in the use of any special maehinery for elevating the stack for the purposes intended, but the ele- vation and opening of the said stack at the bottom for those purposes by any maehinery best calculated to attain that end. �The complainant bas evidently acted under the idea that be was at liberty to change the deviees for elevating the stack; for bis machine as manufactured and sold, and exemplified by Exhibit G in tbis cause, exhibits devices and arrange- ments for accomplishing tbis resuit different in form and structure from the machine as represented in the drawings and specifications attached to hia patent. �The court is, therefore, of the opinion that any attempt by defendant, or any other person, to elevate the stack of trays 80 constructed as aforesaid, and from a point at or on the lowermost tray thereof, so as to insert new trays at the bot- tom Buccessively, by any meohanism whatever, adapted to acoomplish that purpose, and which is a mechanical equiva- lent to the means employed by the complainant, is an in- fringement of bis patent. �Has the defendant, Grier, substituted maehinery and devices in bis machine which are the mechanical equivalents of the mecbanism and devices employed by the complainant to ac- ����