But if the invention claimed is only an improvement on a known machine by a new change of form or combination of parts, (and the evidence in this case shows it is nothing more,) the patentee cannot treat another as as infringer who has improved the original machine by the use of a different form or combination performing the same functions. In order to ascertain whether the divider used by the defendants infringes that of the complainant, we must first inquire whether McCormick was the first to invent the machine called a divider, toper-form the functions required, or has merely improved a known machine by some peculiar combination of mechanical devices which perform the same functions in a better manner. McCormick's claim to the divider, as set forth in his patent, is : * Fourth, I claim the combination of the bow, L, and the dividing iron, M, for separating the wheat in the way described.'įor the purposes of this case, the divider, although a component part of the complex machine called * the reaper,' may be considered by itself as a machine, or combination of devices, attached to the reaper to perform certain functions necessary to complete the whole operation. The first infringement charged is that of the divider-a part of the reaping machine which is of a wedge form, and projects in advance of the sickle, to separate the grain to be cut in the swath from that which is to be left standing until the next swath is cut. "McCormick charged an infringement of the fourth and fifth claims of his patent of 1845, and of the second claim of his patent of 1847, re-issued in 1853. As then promised, we now lay before our readers the following abstract of the decision, embracing everything it contains of general interest:. Manny, which was delivered by Justice Grier, as our paper was going to press. In our last issue we briefly announced the decision of the Supreme Court of the United States, between the rival Tliventors and manufacturers of reaping machines, Cyrus H.
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