Danone v. moxroan. . 33' I
attained by partitions placed at regular intervals along the interior
of the hopper. This exhibit (N0. 3) was made by the defendants,
and was made subsequently to the date of the patents.
Complainant’s alleged invention first assumed tangible shape and
form in the winter of 1878-9. He insists, however, that the idea
which afterwards developed into the patented device, occurred to
him during the previous winter. During both winters he was in the
- employ of the defendants, as pattern-maker, at their works at Mac-
edon. Defendants were nrst informed of complainant’s patent by a '
letter from his solicitor in July, 1879. Since that time it is admit·
ted that very few seeders like Exhibit 3 have been constructed by
them. (
The proof establishes the further facts that the complainant had
made no objection to the use of his device by the defendants until
about the time of the formal notihcation, and that he had not, prior A
to that time, as against them, asserted any right as inventor. In A
August, 1879, the defendants commenced the manufacture of seeders
with straight instead' of oblique grooves on the periphery of the
sweeps. A model showing their device was introduced in evidence
as "Bickford Seeder of 1880." As no 0bliquely·grooved sweeps were
manufactured by the defendants, except at ·a time when they had
a constructive license to use them, and as the number of seeders so
made hardly exceeded 12 in all, it will readily be perceived that the
question of infringement has reference alone to the “Bickford Seeder
of 1880." (
The defendant introduced a number of prior letters patent to show
the state of the art, and for the purpose of disputing the novelty of
complainants design.
The Kuhns patents for grain drills, issued in the years 1876 and
1877, and the Stoner, in 1861, show seed-wheels revolving, instead of
oscillating, with oblique parallel grooves or partitions, of uniform size,
but open at only one end.
The Westcott patent for seeding-machines (1876) shows a revolv-
ing seed-wheel, with straight flutes, allowing the free access of the
grain both to the periphery and to the ends of the Hutes, and with
. an oblique discharge orice.
The McSberry patent (1864) covers a seed-wheel with oblique flutes.
In this patent the inventor says of his device, inter alia: "I do not
claim a spiral-threaded feeder, placed at or near the bottom of the
seed-hopper, this having been before used."
v.13,no.1-3