Page:Federal Reporter, 1st Series, Volume 9.djvu/470

BDGAKTON V. FURST <fc BRADLEY MANUF'G CO. 455 �The inspection of the two modele before me sho-wa that the distinc- tion taken by Judge Lowell was mechanically and technically correct. The specification and drawing described the particular mariuer and place where and how the patentee, Whitcomb, supported 'his rake- head upon the carriage. Judge Lowell sees fit to confine Mm to that special method of so supporting his rake-head. The defendant does not literally support his rake-head upon the axle at all, but by means of the brackets he suspends or hangs it in the rear of the axle, so that a different function or mode of operation is accomplished by defendant's rake-head from wbat is accomplished by the Whitcomb rake-head. The Whitcomb rake-head, having for its point of motion the place of attachment to the thills by its hinge, necessarily made it more difficult to keep the teeth upon or near the ground while gath- ering the load, while by the peculiar mannerjn which defendant's rake-head is suspended, its whole \yeight rids in holding it down in working position. �Probably the testimony before Judge Lowell, in this case, showed that Whitcomb must, from the state of the art, be confined to the specifie device — that is, the special place where, and mode by which, he supported his rake-head on the carrying wheels; because the proof in this case shows that Eandal Pratt had mounted his rake-head over or on the axle long before Whitcomb entered the field, and that Whitcomb himself, and Banks and Craft, had, as early as 1853, 1854, and 1855, made rake-heads with the heads mounted on or over the axle and behind the axle. �Kandal Pratt, in his patent granted in 1856, says: �"Over the main axle, and secured to it by studs or posts, is a rod or axle marked c e, extending the whole lengfch between the wheels, to which the teeth of the rake are attached, by any form of movable joint, so that each may move up and down independent of the rest. This rod also forms the eenter of motion of the apparatus for raisingand depressing the teeth, to be hereafter described." �An inspection of Pratt's patent shows his rake-head supported over the ifcxle in substantially the same way; not, of course, attached by just the same kind of joint or hinge, but mounted over the axle so that the teeth fall outward and backward almost in the line of the wheels, and corne to the ground just back of the tread of the wheels. That is, there may be, in the practical full-sized rakes, a few inches difference, but not enough to make a distinction or difference in the principle or mode of operation of the two devices in that regard, �The same principle and mode of operation, but differently worked ��� �