Page:Federal Reporter, 1st Series, Volume 8.djvu/934

920 FEDERAL REPORTER. �SiNGEB Manuf'o Co. V. Henbt Stewaet Manuf'q Co. and anothor. �(Oireuit Court, 8. D, New rork. May 9, 1881.) �1. Lbtters Patent — Noveltt — Inyentivb Skili,. �Mechanism for adjusting the disks on the face plate of sewing machines by a thumb-screw on the top of the face plate, wherehy the means of regulating the tension of the thread is accessible to the right hand, as'well as to the left, of the operator, is novel and in volves the exercise of sufflcient skill to entitle the inventer to a patent. �2, Bamb — Ini^ingembnt — Bttbstittjtioit of Equivalents. �The substitution of well-known equivalents, for the minor pauts of compli- cated mechanism, will not prevent infringement if the same reault is accom- plished by the two machines in substantially the same way. �Z. BAMB^-SeWING MACHINBP— iNFBINaBMBNT. �Letters patent No. 214,513 are infringed by a machine having a thumb-screw at the top of the face plate to adjust the tension of the thread by working a rigid lever of the first order inside the face plate, connected with the disks in the same manner as in the others, but having a coiled virire spring between the lever and thumb-screw to relieve against the latter's action. �In Equity. �Livingston Gifford, for plaintiff. �W. H, McDougall, for defendants. �Wheelbb, D. J. In sewing machines having bracket-arms, tension •was given to the thread by a thumb-screw on the face-plate, accessi- ble -ffith convenience to the left hand only of the operator, working a lever of the third order, made elastic to relieve against the action of the thumb-Bcrew, and connected by a standard passing through the inner with the outer one of the two dises, on the face-plate, between which the thread passed. Lebbens Baldwin Miller continued to ad- just the dises by a thumb-screw on the top of the face-plate, readily accessible to the right hand as well as to the left of the operator, working an elastic lever of the first order inside the face-plate, and connected in the same manner as the other with the dises. He took out letters patent No. 214,513, for this improvement, which the orator owns. The defendants make and sell such sewing machines, having a thumb-screw at the top of the face-plate to adjust the ten- sion of the thread by working a rigid lever of the first order inside the face-plate, connected with the dises in the same manner as the others ; but having a coiled wire spring between the lever and thumb- screw to relieve against the action of the thumb-screw. This suit is brought upon the patent against this manufacture and sale as an infringement. Two questions are made : one is whether the change aceomplished by Miller involved sufficient novelty and skill to amount ��� �