John McLean

“ The wood is fastened on this adjustable bed, and the iron frame which carries the cutting cylinder is of sufficient weight to keep the cutters on the board, but this machinery cannot reduce the plank to the same thickness. When the bench rises or falls, the whole surface of the plank rises and falls, and the cutting knives cannot so operate by pressure on so long a surface as to reduce the inequalities of the board. But this can be done by pressure rollers, as in Woodworth's machine, on each side of the cutting cylinder-one adjustable, so as to admit the unplaned plank ”

“ The patent is prim a facie evidence of right in the patentee. A defence which denies the novelty of the invention, must be proved.
The original patent of Woodworth is dated the 27th of December, 1828. He describes his invention to be an 'improvement in the method of planing, tonguing, grooving, and cutting into mouldings, of either plank, boards, or any other material, and for reducing the same to an equal width and thickness, and also for facing and dressing brick, and cutting mouldings, or facing metallic, mineral, or other substances. ”

“ Another pair of rollers, holding the same vertical position, called discharging cylinders, neither of which is yielding, nor are they fluted; and to adjust the different thicknesses, the inventor suggests rollers of different diameters, and on an adjustable bed.
Any one can at once see that this is not an organization of machinery similar to Woodworth's machine. It is not the same principle, nor is it in substance like it. This remark is made in regard to the combination claimed by Woodworth, and not to all the elements of which that combination is formed. ”

“ He says, the board is kept against the planing cutters by means of the carriage, or bed plate, or otherwise. The pressure rollers are claimed in his specification written, and also in his drawings, which show how they are to be applied. He also says, 'Fig. 7 represents the same machine with the axes of the planing cylinder placed horizontally, and intended to operate on one plank only at the same time. A A is the frame; B B the heads of the planing cylinder; C C the knives or cutters attached to said heads, to meet the different thicknesses of the plank ”

“ Formerly, patents were construed strictly as giving monoplies; but of late years, in England, inventions are treated differently, and a liberal view is taken in favor of the right. Blanchard v. Sprague, 3 Sumn. ”