APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI.
MR. CHIEF JUSTICE FULLER delivered the opinion of the court.
This is an appeal from a decree of the Circuit Court of the United States for the Eastern District of Missouri, dismissing appellant's bill of complaint.
The bill charges appellees with infringement of the second claim of reissued letters patent No. 6080, dated October 6, 1874, which is a reissue of original patent No. 124,218, to J. H. Pattee, dated March 5, 1872; of the first and second claims of original patent No. 174,684, granted Thomas W. Kendall, March 14, 1876; and of original patent No. 187,899, granted Henry H. Pattee, February 27, 1877; all for improvements in cultivators.
Appellee is an Illinois corporation, having a branch house in St. Louis, selling, among other things, cultivators manufactured by B.D. Buford &. Co., at Rock Island, Illinois, which are the alleged infringing machines.
The opinion of the Circuit Court was as follows:
"Reissued patent 6080, of 1874, second claim of which is under consideration, has, as to that claim, expanded the original beyond legal limits. Therefore, said reissued patent is void, to the extent claimed, wherein defendant is alleged to have infringed. Second, as to the Kendall patent No. 174,684, there is no infringement. Third, as to the Pattee patent of 1877, No. 187,899 said patent is void, there being no novelty of invention therein that is patentable."
The second specification of the original Pattee patent No. 124,218, states that the invention consists "in pivoting the wheels to the axle in such manner that the wheels may either one be advanced forward of the other, throwing the axle diagonal with the line of progression, while the wheels preserve the same relative position to the said line of progression."
The second specification of the reissue reads as follows: "It consists in hinging the ends of the axle to plates, to which the draft animals are attached, and which are supported on wheels in such manner that the wheels are retained in the line of progression of the machine by the draft of the animals, and may either one be advanced forward of the other, throwing the axle diagonal with the line of progression, while the wheels preserve the same relative position to the said line of progression."
The fourth specification of the original is: "It consists in the peculiar construction of the hitching device, allowing the draft animals to advance or recede, the one ahead or in the rear of the other, without influencing the plow-beams to the extent of the variation made by the said animals, all as hereinafter fully described."
The sixth specification of the reissue is: "It consists in the Arrangement of a hitching device with the draft-plates, which allow the draft animals to advance or recede, the one ahead or in rear of the other, without influencing the plow-beams to the extent of the variation made by the said animals, all as hereinafter fully described."
The description of the accompanying drawings is given in the original and in the reissue, thus:
"A is the axle, bowed or "A represents the axle,
elevated at its central part. formed as shown in the draw-
B B are plates secured to the ings, of an elevated central
ends of the axle A. The ends part A, vertical side portions
of the plates B B are turned A A, and horizontal projec-
outward, forming snugs b b b b. tions a a, from each of the
b b are snugs projecting in- vertical side portions A. B
ward from the plates B B. B are draft-plates, with pro-
C C are triangular-shaped jecting forward ends b, to
draft-plates, from which pro- which the draft animals may
ject snugs c c c c, correspond- be attached direct or by any
ing with the snugs b b b b. D suitable device, and with an
D are pins or bolts, passing enlarged rear end, from which
through holes in the snugs c c project lugs b b, correspond-
and b b, and thereby pivoting ing with the projections a a of
the plates C C to the axle A. the axle A, to which they are
E E are the wheels. F F are hinged by vertical bolts C, as
the wheel-spindles, their inner plainly shown ...