Wilson v. McCormick Harvesting Mach. Co.

• Decision Date: 16 February 1899
• Docket Number: 427.
• Citation: 92 F. 167
• Parties: WILSON et. al. v. McCORMICK HARVESTING MACH. CO.
• Court: U.S. Court of Appeals — Seventh Circuit

92 F. 167

WILSON et. al. v. McCORMICK HARVESTING MACH. CO.

No. 427.

United States Court of Appeals, Seventh Circuit.

February 16, 1899

Francis T. Chambers, for appellants.

Robert H. Parkinson, for appellee.

This was a suit in equity by George V. Wilson and Elmore A Barnes, surviving co-partners trading as the Hussey Manufacturing Company, against the McCormick Harvesting Machine Company, for the alleged infringement of a patent.From a decree dismissing the bill, complainants appeal.

This appeal is from a decree dismissing for want of equity the bill brought by appellants against appellee charging infringement of letters patent of the United StatesNo 233,035, issued on October 5, 1880, to Ephraim Smith assignor of appellants, for 'an improved mowing machine.'The diagrams accompanying the specification are shown here (Image Omitted)

The specification says: 'Fig. 1 is a top view of the principal parts of a mowing machine, showing my improvements and the mode of their application; Figs. 2 and 3, views of parts detached.Like letters designate corresponding parts in all figures.My invention consists: First, in the arrangement of a spring-sheave, in connection with the hinge-bar, lifting chain, cord, or band, and the lifting and adjusting lever, so that it acts between the said hinge-bar and lever upon the chain without interfering with the direct action of the lever on the hinge-bar through the chain; second, in a lever mounted on the hinge-bar, arranged, in combination with the lifting- chain and the finger-bar, so that the sustaining action of the chain is directly transmitted to the finger-bar in such a manner as to keep the outer end of the finger-bar constantly sustained thereby, both when the machine is at work and when the finger-bar is raised out of action; and, third, in the combination of this lever, thus acting on the finger-bar and acted on by the lifting-chain, with the aforesaid spring-sheave, whereby the action of the latter is constant upon the finger-bar through the said lever, substantially as hereinafter specified.In the drawings, A represents the machine-frame mounted on wheels, as usual; B, my improved spring lifting-sheave; D, the drag-bar; E, the lifting and adjusting chain; F, the hinge-bar; G, the adjusting and lifting lever; H, an arc or segment attached to the said lever, and receiving the chain, band, or cord, E, to be partially wound or taken up thereon; I, my improved finger-bar balancing-lever; and L, which here is to be understood as including the cutter-bar and other parts to be lifted therewith.* * * The driver, as he sits on his seat (not here represented), moves the lever, G, to raise and adjust the finger-bar by acting on the chain, E, and through that lifting or lowering the hinge-bar, F, and with it the finger-bar hinged thereto.The spring-sheave, B, is arranged and applied to the chain, E, substantially as shown in Fig.1.The use of this spring-sheave is to nearly counterbalance the hinge-bar, F, and finger-bar, L, and its appendages, and thereby to cause the finger-bar to run lightly over the ground, and rise easily over obstructions, and lessen side draft on the machine, and also to render the operation of raising the finger-bar easy to the driver.At the same time it does not interfere with the direct action of the lever, G, in raising and lowering the finger-bar, and in sustaining it at the proper height; for, since it is coupled to the chain, E, between the said lever and the hinge-bar, it acts freely to balance and lift on the finger-bar, thereby rendering the draft of the same light, the part of the chain between the sheave and the lever, G, allowing a slack as well as a taut chain while the machine is working; but, at the same time the finger-bar is firmly sustained all the time by the lever, G, just the same as if the spring-sheave were not applied at all.This is an important feature, since the spring-sheave could not be relied on of itself to sustain the finger-bar, and prevent its plunging into the ground, on meeting an obstruction.The chain, E (having preferably the construction shown in the drawings), fits with its open links over sprocket projections, c, c.on the periphery of the sheave, B, which is mounted on a fixed pivot, d, secured to the frame of the machine.The spring, f, within the sheave, is of sufficient strength to nearly counterbalance the weight of the finger-bar and its appendages, and is adjustable in force by winding up on its pivot.This spring is peculiarly mounted in the sheave.Its outer end is coupled in the form of a hook, holds upon the edge of a notch, h, made in a cylindrical or hollow projection, i, secured around the pivot, d, or formed therewith; all substantially as shown in Fig.3.By this construction, not only has the spring a firm and sure hold at its inner end by the enlarged bearing on which it holds, but it is prevented from bearing on the hub of the sheave, and consequently from interfering, by friction or pressure, with the free movement of the sheave.The sheave is turned to wind up the spring to the requisite force before mounting the chain, E, over its sprockets, and when the forward end of the chain is secured to the lever, G, or its segment, the whole device is complete, and ready for operation.When the rear end of the chain, cord, or band, E, is attached directly to the hinge-bar, F, which carries the heel or inner end of the finger-bar, the lifting action of the same operates simply to lift that end of the finger bar, the outer end of the same being dependent on the rigidity of its connection with the hinge-bar to be lifted, and there is, consequently, a sagging of the said outer end, unless some provision is made to lift it properly.For this purpose, I employ a balancing-lever, I, which is pivoted to the hinge-bar, F, at 1, Fig. 2; the inner end, m, of the same, being connected directly with the rear end of the lifting-chain, E, which has no connection with the hinge-bar or finger-bar, and lifts them thereby.The outer end, N, of the said lever, I, bears on the heel end of the finger-bar inside of its pivot-joint, and a little distance therefrom, as shown.The two arms of the lever so proportioned in length-- the inner arm, m, being the longer-- as to obtain the desired leverage on the finger-bar to balance it by the lifting of the chain, E.With this construction and arrangement of the lever, I, while the mower is in operation, the constant lifting of the spring-sheave, B, on the chain, E, acts through this lever to partly sustain the weight of the finger-bar, and to keep the outer end thereof elevated, as desired, so as to run very lightly with little side draft on the machine, and to ride freely over obstructions; and the elastic movement imparted to the finger-bar by the said spring-sheave is made even more sensitive by this lever, and when the driver draws on the chain, E, by the lever, G, to raise the finger-bar, the connection of the chain being directly with lever, I, the outer end of the finger-bar feels the lifting action as quickly as the inner end, and it is preferable to so balance the finger-bar that its outer end will rise a little quicker and more than the inner end thereof.Thus the action of the lever, I, is constantly upon the finger-bar, and controls all its movements.'

The claims are the following, infringement of the second and third only being alleged: '(1) The spring-sheave, B, in combination with the chain, E, hinge-bar, F, and lifting-lever, G, arranged to be connected with the chain between the lever and hinge-bar, and not interfere with the action of the lever on the finger-bar through the said chain, substantially as and for the purpose herein specified.(2) The lever, I, mounted on the hinge-bar, F, in combination with the finger-bar, L, lifting-chain, E, having a yielding support, and mechanism for adjusting the chain, and securing it in any desired position, whereby the weight of the finger-bar is partly sustained, and its outer end counterbalanced, when the machine is in operation, substantially as herein set forth.(3) The combination of the lifting-chain, E, spring-sheave, B, lever, I, and finger-bar, L, operating together, substantially as and for the purpose herein specified.'

The following is alleged to be a faithful representation of the combination of the third claim:

(Image Omitted)

The following cuts show the defendant's machine, and a perspective drawing designed to illustrate the supposed equivalency of a bell-crank lever and the spring-sheave of the Smith patent, and the Advance mower, made under the patent of April 27, 1869, to McCormick, Erpelding, and Baker, which is alleged to anticipate the Smith patent if the defendant's machine infringes it:

(Image Omitted)

In this cut of the Advance, f is the spring applied to the heel of the lifting-lever, G, exerting its stress in the same direction as in defendant's machine; that is, so as to pull upward on links, E, which in turn lift on the long arm of supplemental lever, I, which has its fulcrum in the hinge-bar, pf, and presses with its short arm, at n, on the spur extended inward from the shoe of the finger-bar, L.

Before WOODS, JENKINS, and SHOWALTER, Circuit Judges.

WOODS Circuit Judge, after making the foregoing statement, .

Our conclusion is that the court below was right in deciding 'that, in view of such limitations as ought to be put upon the complainants' patent, the defendant's device does not infringe. ' It would be impossible, within the reasonable limits of an opinion, to follow counsel through hundreds of pages of brief in the discussion of the evidence found in the three large volumes which constitute the printed record.We content ourself with a presentation of propositions which are...