Stanley Matthews

“ These cutters or blades are simply pieces of sheet-tin or other suitable metal of the width of the inner frame, and are attached to the same by their ends, as is shown, and they are all so placed that their edges shall cut the material to be agitated when the frame, A, is rotated. The blades which form the outer fixed frame, C, are also placed in a similar position, and when the machine is in operation, cut through the current of material which is carried past them by the revolving frame, and thus aid in the operation in a similar manner. ”

“ It is immaterial whether or not the latter might have been covered, by the language of the specification, as included in the invention. We are dealing with the claims, and nothing else. And it cannot be successfully contended that the original claim implicitly contained all that is expressed in the claim of the reissued patent. The original claim has been made broader by the reissue, so as to embrace the device used by the appellants, which was not previously an infringement. ”

“ The cutting portion of the appellant's beater consists of an outer frame and inner frame, each of which is made to revolve around a central spindle by means of a cog-wheel and pinion. Each frame is composed of two curved pieces of tin joined together, or of one piece joined at its two ends so as to make nearly a circle; these pieces are thin, plain, flat pieces of tin, and are so arranged as to cut edgewise through the material by their rotation. In neither the inner nor the outer frame are there any additional blades or cutters like the blades a, a, a, a. ”

“ The only inference that can be drawn is that the discovery and experience of successful competition in 1874 suggested first, and led to the discovery that the original claim did not cover everything that might have been embraced, and was not broad enough to maintain the monopoly desired but not secured. ”

“ All these machines, and all others with which I am acquainted, possess the common fault that the beaters, whether of wire or of the form of propeller blades, do not cut the yolk and white of the egg, but literally beat them. ”