Page:Federal Reporter, 1st Series, Volume 9.djvu/173

158 FEDERAL REPORTER. �" K is a brush loBgitudinally under the boit cloth, g, the bristles of whieh are fast in the stock, K prime; & fe are supports to the brush stock; * * * L is a transverse guide stock attached to one of the supports, k k, and bas gecured upon its upper edge a corrugated guide plate, l, that goes between two friction rollers on downward nminctinor studs on the under side of brush stock, K prime." �This brush stock is attached to endless chairis, and travels with them in a transverse direction across the entire width of the boit cloth in the corrugated or bent guide plate, and so moving gives the brush a longitudinal or endwise motion of several reciprocations while in contact with and sweeping across the boit cloth, and when a current of air, by means of a suction fan, is passing through the middlings. This motion in two directions, vibratory while in contact with the boit cloth, is said to be more effective in clearing its meshes from adhering substances. �If it is conceded that the zigzag motion given the brush, while moving transversely across the under side of the boit cloth, makes its operation more effective, and the device of a corrugated guide renders the brush more serviceable, still the brush, in combination with the reciprocating sieve or boit cloth in No. 225,218, moves transversely across the under side of the boit cloth, at right angles to the material, in its passage, and performs the same function, and keeps the cloth clear, substantially as in No. 8,386. The fact that the brush, while crossing, is given what is called a longitudinal reciprocating motion, does not render the combination different from his previous patent. It embodies the substantial idea therein set forth. It may be better to adopt the motion given the brush by defendant, and he may be able to prevent the use by others of his device ; but in the use of the com- bination described he violates his agreement with plaintiff. The identity of the two patents sufficiently appears ; and, although there has been no judicial decision in favor of the validity of reissue No. 8,386, a preliminary injunetion must be granted, unless the defend- ant gives bond in an amount large enough to pay the royalty on each machine mamifactured by him, as shall be determined hereafter. �It is so ordered. ��� �