Page:Federal Reporter, 1st Series, Volume 9.djvu/324

DEDERICK V, OASSBIiL. 309 �duction and use, we cannot doubt. An extended inquiry respecting the state of the art prior to its invention, in 1872, is unriecessary. The baling-presses employed for hay, up to that time, were of a prim- itive character. The upright press, principally used, consisted of a box or tube of about three by five feet in diameter, in whioh a platen or traverser moved, compressing the hay and forming the baie, by a single movement. While the hay was thus held in position, doors in the side of the box were opened and the baie was bound and removed. The platen was then drawn up, and the operation repeated. The baie rested on its side while within the box, and consequently was prossed and bound transversely. Longitudinal presses had been constructed, by laying the box or tube above described, upon its side, into which the hay was infier ted through doors on top. After tramping, the doors were closed, and the platen moved forward until the hay was compressed, when they were opened, and the baie bound and removed. Beater- presses, referred to by the witnesses as in use to a limited extent, were similar to the two described, having a device, however^; to supply the necessity for tramping while the box was being filled. For baling cotton, presses of similar construction, though somewhat more ingenions and complicated, were employed. None of the sev- eral machines referred to, however, were like the plaintiff's, either in plan or combination of parts, or capable of performing its functions. If it be true, as alleged by the defendant, that all the parts embraced in the plaintiff's press, may be found in the varions devices previously used to compress hay, cotton, peat and clay, the plaintiff's right to the new combination which he constructed, would be none the less complete. It will not answer to say this required no invention, that any mechanic might have selected the parts and combined them. The same might be said with equal force in almost every instance in which a patent for combination is issued. The fact that no mechanic did seleot and combine the parts, and produce such a press, notwith- standing the great need for it, is a sufficient answer to the suggestion. The invention consists in constructing a machine whereby hay may be pressed, baled and tied off in a straight tube, open at both ends, by a continuons operation, each baie completed being expelled by the process of forming another behind it, and all interruption from feed- ing and removing baies, thus avoided. Such a press was never before constructed, and such a resuit never before obtained. The press con- sists of — �"A horizontal tube, open at both ends; a ram or ' traverser' working back and forth rapidly iu one eiid of the tube, by means of a svveep, crauk and pitman. ��� �