econ c. BAILEY; 43
devices, a morepeiifect combination,—¥one better adapted to the contem-
plated use,—though this combination may have the same general char-
acter. l ‘·
Has the respondent infringed? His machine is intended for the same _
purpose as complainants to do the same work, substantially by the same
method, and was**probably suggested by it. This, however, is not very
important. The'complainant’s machine was not the first of its kind.
Similar machinesin most respects——designed for the same work, and
doing] it in substantially the same way——were described and constructed
long before. Hisicombination, however, was slightly different, and this
difference produced a better machine. Is the respondentscombination
the same? Thisis the important question. The mechanical construc-
tion of the parts is different. A comparison of the two machines by Mr.
Appleton, an expert, is substantially accurate: .
"In complainant’s (Good’s) patent, as before testified to, both sets of gill-
pins are carried by endless chains, and the points of the gill-pins in operation
are presented in aplane, in consequence of the arrangement of the sprocket
wheels over which such chains pass and through the instrumentality of the
bell cranks, 0, provided with pins and grooves co-operating with the fixed
cams, P, B, and the guide plates, H. Whereas, in the Bailey St Lewis ma-
chines inquired of, the bars carrying the gill-pins of the rearmost or slower-
moving series are operated by screws, and such pins are brought into and car-
ried out of action,. by means of cams upon the screw-rods, which raise and
lower their carrying bars from a lower to a higher plane, and vice versa, while
such pins are heldatall times inthe same, or substantially the same, relative
position with respect to the horizon; and the gill-pins of the forward or fast-
er-moving series, while carried by endlésschains, are d·ivided between an up-
per and a lower chain, which are so arranged as to make the pins of one chain
alternate with the pins of the "other, the points of the pins of both chains in
operationbeing presented in a plane through the instrumentality of the chain-
carrying wheels, blocks, 02, upon the ends of the bars, carrying the gill-pins
engagingwith guide-ways, f2,f2, in the sides of the machine frame and gears,
H2, upon said bars, meshing with movable guides, J2,` J2, etc., surrounding
the shafts of the wheels around which the chains pass, by which means the
gill-pins are maintained at all times in the same relation with 1·espect to the ,
horizon as is the ease with the rearmost or slower·movi¤g series."
The substitution of a screw for the chain, to operate the slower-moving
series of pins, of itself we would considernunimportant, if it performed
no other function than the chain, lnsuch case, it would be simply an
equivalent forthe latter. Nor would we consider the devices for drop-
ping the pin-bars, instead of revolving them, in this series important, if ‘
the effect was thc same as that produced by the complainantts chain and `
attachments in this respect. blt is quite clear, however, that the screw,
and mechanical devices connected therewith, for operating and dropping
the bars, admit of a much closer relation between the two series of bars and
pins than is found in the complainants machine. If this difference was
immaterial, if the closer relation was of no value, it would, of course, be
an unimportant difference, and would not, therefore, distinguish the ma-
chine. The testimony, however, leaves no doubt that it is of essential
value, and that the distance between the series in the COll’1l`ll[l.lll2llllZ,S ma- g