Prouty and Mears v. RUGGLES

delivered, the opinion of the Court.

This case is brought here by a writ of error - tó the Circuit Court of the United States, for the district of Massachusetts.

The action was instituted for the purpose of ', recovering damages for an infringement of a patent, which the plaintiffs had obtained for an improvement in the construction of the plough.

The invention is described in the specification, as follows:

"Be it known, that we, the said Prouty and Mears,have jointly invented, made, and applied to use, a new and useful improvement in the construction of the plough, which invention and improvement we describe and specify as follows, viz.:

Heretofore, the standard and landside of the plough has been placed perpendicular to, and at right angles with the plane of the share; on this standard the beam has been placed in-such manner as to form, an acute angle with the landside, of such extent as to place that part of the beam to which the moving power, is applied at the distance of three of more inches from an extended line of the landside, to the right; while thei after-part of the beam extends one or more inches to the left of the'perpendicular of the landside, near the handle; the object has been to cause the plough ‘to run. to land/ or hold its width Of furrow. The-effect produced has been an- uneasy, struggling motion, as it meets resistance at the point, wing, or heel.

We make our plough with the standard and landside forming an acute angle'with the plane of the share-, the standard inclining to the right or furrow side, in such manner as to enable us to place the centre of the beam on a line parallel with the landside, the forepart thereof at such distance from theextended line aforesaid, as to cause the plough to hold- its width, of furrow, and the after-part falling within the perpendicular of the landside of the plough, the centre of it being nearly perpendicular to the centre of resistance, on the mould-board, which we conceive' to be at about one-fourth part of the lateral distance from the landside to the wing of the share, and at about one-third part of the perpen *338 dicular height from the plane - of the share to the upper edge of the mould-board.

This locatidn of the centre of resistance, we base on the-fact,that many ploughs which have been used in sharp, sandy soils, have been worn quite through at that point. The result of this formation of the plough, is-a steady, well-balanced motion, requiring less power of draft, and less effort in directing the plough in its course.

The inclination of the standárd and landside canses, the plough to. cut under, and take up the furrow in the form of an bbliqueangled parallelogram, or like a. board, feather-edged, which being turned over, falls in level with the last furrow more'readily than right-angled or square-edged work.'

The coulter or knife, having, a similar inclination, cuts the roots of the grass, &c., and leavés all vegetable m'attér on the, surface, at a greater- distance from the under edge of the. furro.w, which being turned over, more readily falls in, and is far better covered than with square-edged work»

The top of the standard, through which the bolt passes to .sect" 3 the beam, is transversely parallel to-the plane of the share, and extends back from the bolt tó such.distance as to.form-a., brace to the beam, when thé’after-part is'passed down by lifting at the forepart; the share being fast under a-rock, or other Obstruction, the after-part of this extension is squared ,in such manner, that being jogged into the beam, it' relieves the bolt in heavy draft.

The bolts which we use to fasten the pieces of cast iron, of which our ploughs- are made, together, arid- the wood-work,'are round, with inverted convex heads, like the wood screw, with a projection on the under side of the-.head, -of semicircular form, which fits into a groove in the counter-sink part of the bolt hole, as it is- cast to receive it, which not only prevents its turning, but also diminishes the liability of breakage at the. corners of square holes;.all which will more fully appear by reference to the drawing annexed to, and forming part of this specification!

We hereby declare, that what we claim as new, and of our invention, is the construction of such ploughs as aforesaid, and the several parts thereof, not separately, but In combination, for the purposes aforesaid, viz.:

*339 . 1. The inclining the standard and--landside so as to form an acute angle with the plane of the share.

2. The placing the béahron a line parallel to the landside, within the .body of the plough and- its centre, nearly in the perpendicular of the centre of resistance.

3. The forming' thé top of. the standard for brace and draft. We do not intend to confine our ciaim to any particular form or construction, excepting such form as may be necessary to place ,the beam in the perpendicular of the centre of resistance, and parallel, to the landside, and also to such form of the top of the standard, ás shall- serve for brace" and. draft, but have given siich form as we deem to be most conveniént, which may be varied, as is obvious.”

The plaintiffs offered to prove the utility of the alleged improvement, which proof was dispensed with by the defendants. Certain, ploughs alleged by the plaintiffs to be made in conformity with their letters patent, and certain ploughs, made by the defendants, which were the alleged infringement of the- plaintiff’s patent, were produced in Court; .and no "substantial'difference -between ..them was shown by the defendants to exist, unless'the fact, that the' top of the standard m the defendant’s plough was not jogged into the beam,'and did not extend sd -far back upon the-beam, was to be so considefed.

•And the plaintiffs offered evidence to show,.that the top of the standard formed, as stated in the specification, would sei-ve for both purposes óf brace and draft, álthough not jogged into the beam.

> The defendants introduced ho evidence. .Tile- counsel for the plaintiffs requested the Court -to instruct -the jury as follows, to wit:

The counsel, of plaintiffs respectfully move thé CoUrt to instruct the jury, that if the defendants have used, in combination with- the other two parts, a standard of the description set forth in the specification^ and- it is proved to serve both fór Iprace and draft, such use was an .infringement of the plaintiffs’ claim in that particular, although the defendants may not have inserted into a jog in. the beam.

. Also, that if any two of the three parts described,, as composing the construction claimed -in the specification, had been used in *340 combination by the defendants, it was an infringement of the patent, although the third had not been used with them.

The Court refused, to give the instructions so prayed, or either of them, in manner and form as prayed by the plaintiffs; but did instruct the jury as follows, to wit:

That upon the true construction'of the patent, it is for a combination, and for a . combination only. That the combination, as stated in the summing up,- consists , of three things, viz.:

1: The inclining the standard and'landside so as to form an acute angle with the plane of the share.

2. The placing the beam on a line parallel.to the landside, within the body of the. plough and its centre, nearly in the perpendicular of the centre of resistance.

3. . The forming the top of the standard for brace and draft-.,.

That Unless it is proved, that the" whole combination is substantially Used in the defendants’ ploughs, it is not a violation of the plaintiffs’ patent, although One or more of the parts specified, as. aforesaid, may be used, in combination • by the defendants. And; that the plaintiffs, by their -.specification and summing up, have,treated the jogging of the standard behind, as wéll.as .the. extension; tó be essential parts of their combination’ for the purpose of brace and draft; and that the Use-of either aloné by the defendants would' not be an infringement of the combination-patented.

And thereupon the jury, rendered their verdict for-' the' defendants.

The first question presented by the exception is, whether the extension of. the standard, and the jogging of it into the beam, are claimed as material parts of thé plaintiff’s improvement: We think they are. In the paragraph in which it is described, he states that it «extends back from the bolt to such a distance as to form a brace to the-beam;” 'and also, «that being jogged into the beam it relieves the bolt in a heavy draft-.” And in their summing up, they declare that they claim as new,-and of their invention, the. construction of such ploughs as aforesaid, and the several parts thereof, not separately but in .combination;' and proceeding then to specify the parts so claimed, they mention, «the forming of the top of the standard for brace and draft.” They indeed say that they do not mean to confine their claim to any particular form of construe *341 tioh, except “ to such form of the top as shall serve for brace and draft.” That is to say, the top is to be so formed and so connected with. the. beam as to answer both purposes. And as those purposes, according to the preceding part-of the specification, are to be accomplished by its .extension back from the . bolt, and by jogging it into the beam, these two things are' essential to. it whatever variation may be made in its shape or size. They are, therefore, materiál parts of the improvement they claim.

The remaining question may.be disposed, of in a few words. The patent is for a combination, and- the improvement consists in arranging different portions of the plough, aM combining them together in the manner stated in the specification for the purpose of producing a certain effect. None of the parts referred to are new, arid none are claimed- as new; nor is any portion of the combination less than the whole claimed as new, or stated to produce any given result. .The end in view is proposed to be accomplished by the union of all, arranged and combined together in the manner described. And this combination^ composed of all the parts mentioned in the specification, and arranged with reference to each other, and'to other parts of the plough in the manner therein described, is stated- to be the.improvement, and is the thing, patented; The use of any two of these parts only, or. of two combined with a third, which is substantially different, in form or in the manner of its arrangement and connection with the others; is therefore not the thing patented, It ismot the same combination if it substantially differs from it in any of its parts. The jogging oí the standard-'into the beam, and its extension backward from the,bolt, are both treated by the plaintiffs' as essential parts of thqir combination for the purpose, of brace and draft. Consequently the .use of either alone,-by. the defendants, would not be the. same improvement, nor infringe the -patent of the plaintiffs.

The judgment of the Circuit Court must therefore be affirmed.