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If it were true that the feed roll were necessary to the operation of the combination of the second claim, this result would undoubtedly follow; in other words, if a person has invented a combination of three elements, all of which are necessary to the operation of his device, he cannot, by making a claim for two of them, forestall another, who has so combined these two elements that they perform the same function that the three elements of the former patent performed. As thus drawn, this claim was rejected by the examiner upon reference to the Eickemeyer patent of March, 1874, which does not appear in the record, but which, it may be presumed, was substantially the same as the patent of 1869 in this particular. It will further be understood that wires may be sometimes substituted for threads, and that other feed mechanisms may be employed, the needles moving with, but not controlling, the fabric, as in the construction described.' There are 18 claims in the patent, only four of which are relied upon by the plaintiffs, namely, claims 1, 2, 8, and 13, which are as follows: '(1) The combination, in a machine for sewing shank-buttons to fabrics, of button-feeding mechanism, appliances for passing a thread through the eye of the buttons and locking the loop to the fabric, and feeding mechanism, substantially as set forth.

The specification of the Morley patent says: 'My invention consists in mechanism for automatically sewing shank-buttons onto fabrics, shoes, etc., and the objects of my invention are to form a double-threaded stitch on the top side of the material being sewed upon, transversely to the direction of feed, and on the reverse side of the material two parallel lines of stitches at right angles to the first-named ones, to make alternately long and short stitches, and to so feed buttons to be sewed by said machines as to present them at the proper time and in the proper place to be operated upon.' The specification then describes, by reference to 24 figures of drawings, the mechanical means used by the patentee to perform the mechanical operations described. Morley, having been the first person who succeeded in producing an automatic machine for sewing buttons of the kind in question upon fabrics, is entitled to a liberal construction of the claims of his patent.

This is a suit in equity, brought November 6, 1882, in the circuit court of the United States for the District of Massachusetts, by the Morley Sewing-Machine Company and the Morley Button-Sewing Machine Company against Charles B. Lancaster, for the alleged infringement of letters patent No. 236,350, granted January 4, 1881, to James H. Morley, E. S. Fay, and Henry E. Wilkins, on the invention of said Morley, on an application filed June 23, 1880, for an improvement in machines for sewing buttons on fabrics. It satisfactorily appears that the Morley machine was the first one which accomplished the result of automatically separating buttons which have a shank from a mass of the same, conveying them in order to a position where they can be selected by the machine, one after another, and, by sewing mechanism, coupled with suitable mechanism for feeding the fabric, be sewed thereto at prescribed suitable distances apart from each other.

When the button enters the carrier, a plane passing through its eye is still vertical, and the carrier therefore turns around on a horizontal axis 90 deg., to bring the eye of the button into such a position that it can be entered by the needle; and, as the carrier turns, it retracts, so as to bring the eye into such a position that a plane passing through it will be horizontal, and the needle will readily enter it. Thus, different means may be adopted for carrying the thread through the eye of the button into the fabric, as, for instance, passing the hooked needle through said eye to a position to seize the thread from the straight needle, or form a suitable carrier and then draw the loop down through the fabric to be secured beneath by a shuttle or needle thread, or the eye-pointed needle may be used in connection with a loop-spreader and shuttle for carrying a thread through the loop, a single thread or two threads being used. The same fashion in books belonging to private owners was first followed during the later Tudor period, and then numbers were made, and have been, more or less, ever since.

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