Page:Federal Reporter, 1st Series, Volume 9.djvu/843

828 FEDERAL REPORTES. �action of the other plow, within the limited scope of this allowable motion. �The peculiarity of the Pattee invention I have already sufficieatly deseribed. �The claims which it is insieted the defendant infringes are : �"(1) The combination in a walking straddle-row cultivator of the fallowing instruaientalities, viz.: two wheels, D D, axle, A, and two plow-beanis, K K, each beam carrying a handle and one or moie shovels or plows, and inde- pendently hinged to the axle, so as to be retained in working position with- out rear connection or support, and moved freely in a lateral, vertical, and horizontal direction, substantially as and for the purposes speeified. �"(4) The combination of the plow-beams, K K, axle. A, and wheels, D D, the latter being hinged or pivoted to the axle to permit of one side moving in ad vance of the other, substantially as deseribed, and for the purposes speeified." �The Poling patent describes a tongueless straddle-row cultivator, the forward ends of the plow-beams of which run upon caster wheels; and the plow-beams are held together by an arched or elevated beam-yoke, jointed in the middle. In the Poling patent the casters are attached to the axle, as he calls it, and the plow-beams are also attached to the axle by a joint in a way which admits of lateral motion only. They are rigidly attached, so far as any vertical motion independent of the yoke or axle is concerned, but the vertical motion of the plows is obtained by the joint in the axle. The plow- beams are attached to the yoke by a joint which permits of their free lateral movement, but the needful vertical motion is obtained by means of the joint in the middle of the yoke or axle. �I have thus deseribed and discussed briefly each pf the coraplain- ants' patents. The next inquiry is as to the novelty of those devices, and whether the defendant infringes the same. �Prom the proof in this case it is quite clear to me that Pattee was not the first to conceive and embody in a working machine the idea of a tongueless straddle-row cultivator. The first machine shown in the proof, which embodies this idea, is that patented by Isaac Con- stant, in November, 1851. It is a tongueless straddle-row cultivator, with all the elements for a working machine of tha!; description, and so arranged as to be what may be called in this art self-sustaining ; that is, it will stand upon its own supports. This was also done by Arnton Smith, in January, 1855; by Whiteley, in 1860 to 1865; by E. W. Vangundy, in February, 1864; by Pratt, in October, 1864; and by Adam Young, in November, 1866. Ail these show cultivators constructed without a tongue, with two plow-beams held together by ��� �