Howell Edmunds Jackson

“ The spring in this 1882 patent of Wright's is spiral, encircling a rod, and bears upon collars on the lower ends of the same. This rod is pivoted to another rod which is firmly fastened to the axle. When the shovels are in an operative position, the spring performs no function. But when the rod attached to the axle, and pivoted to the rod upon which the spring is mounted, is thrown off its center, then the function of the spring is to depress or elevate the shovels, just as the pivoted rod connected with the spring is thrown backward or forward. ”

“ The shovels are made to enter the ground by means of a lever which forces the beam down, and by releasing the lever the springs operate to raise the shovels from the ground, and suspend them above their operative position.
In the H. N. Dalton patent, No. 95,437, dated October 5, 1869, for an improvement in a spring for a gang plow, the spring is coiled around a crank axle, upon which the wheels revolve in the ordinary manner. The coiled spring is of such strength that, when released by the lever or other appliances governing it, the axle is turned by the force of the spring ”

“ In respect to the so-called depressing action of the spring, when the drag bars and shovels are lowered to an operative position, it is perfectly manifest that little or no effect is produced in that direction, for the reason that the downward movement of the shovels is limited, and more greatly restricted than the upward movement of the beams or drag bars ”

“ The suspension rods connected with the spiral spring are arranged to assist in raising the drag bars, for the purpose of elevating the plows in a fixed position when turning or moving the machine. This spring device is connected with the beams, and by means of screw nuts may be contracted so as to regulate the height of the drag bars carrying the shovels. The spring device in this patent exerts, automatically, an increased lifting force as the beams are raised or elevated above their operative position. ”

“ Again, a spring device closely resembling that of the Wright invention is shown by the letters patent 154,666, dated September 1, 1874, issued to Marquis L. Gorham, relating to wheeled straddle-row cultivators, consisting of an improved device, by means of which shovels are held and adjusted on the shovel standards. The device described in the specification and drawings consists of a spiral regulating spring, in connection with suspension rods and drag beams, so constructed as to suspend the drag bars to any height, or regulate the depth at which the shovels or plows shall work. ”

“ The range of equivalents depends upon the extent and nature of the invention. If the invention is broad or primary in its character, the range of equivalents will be correspondingly broad, under the liberal construction which the courts give to such inventions. ”

“ Nail Factory, 2 Mason, 28, the reason for the rule since established by the above-cited cases was stated to be that the power to create a monopoly is exhausted by the first patent, and for the further reason that a new and later patent for the same invention would operate to extend or prolong the monopoly beyond the period allowed by law. ”

“ The court below sustained the validity of both patents, and held that the defendants infringed the 1st, 2d, 3d, 4th, and 6th claims of patent No. 222,767, and the 1st, 2d, 3d, and 4th claims of the patent granted June 7, 1881, (No. 242,497.) The complainant waiving an accounting for profits and damages, a final decree was entered, enjoining the defendants from making, using, or selling to others to be used, cultivators constructed and operated in the manner and upon the principle described in the letters patent in controversy. ”