This suit is brought for the infringement of two reissued letters patent granted to the appellant. One, No. 2,224, was issued April 10, 1866, for an 'improvement in harvesters;' the original patent, No. 35,315, having been issued to him May 20, 1862. The other, No. 2,490, was issued February 19, 1867, for an 'improvement in harvesters;' the original patent, No. 40,481, having been issued to him November 3, 1863, and reissued in two divisions, one, No. 1,888, February 28, 1865, and the other, No. 2,102, November 7, 1865,-and No. 2,490 having been issued on the surrender of No. 2,102.
No. 2,224 contains 19 claims, and No. 2,490 contains 9 claims. In No. 2,224 claims 1, 8, 9, 11, 12, 14, 16, and 19, and in No. 2,490 claims 1, 2, 6, 7, and 9, are alleged to have been infringed. The circuit court rendered a decree that the appellees had not infringed any invention of which the appellant was the original and first inventor, recited in the two reissues sued on; that No. 2,224 'contains inventions different from that contained' in No. 35,315; that No. 2,490 contains inventions different from that embraced in No. 40,481; that the said reissues respectively are, therefore, void; and that the bill be dismissed. From this decree this appeal is taken. In No. 2,224 the claims in question are these:
'(1) A sweep-rake, which is mounted upon the heel of the finger-beam proper, or upon the inner front corner of the platform of a harvester which has its cutting apparatus and platform hinged to the draft-frame, all in such manner that the rake-arm sweeps the platform from front to inner side, and maintains a correct position in relation to the finger-beam and platform during the rising or falling movements thereof on the joint or joints by which the finger-beam is connected to the draft-frame, substantially as set forth.' '(8) In a harvesting machine which has its cutting apparatus hinged or jointed to the main frame in such manner as to allow it to conform at both ends to the undulations of the ground, and a rake mounted upon the said cutting apparatus, or upon the platform thereof, I claim so constructing and arranging the several parts that the support of the rake can occupy a position outside of the inner drive-wheel, B, or a position which is between the point of suspension, pension, h, and the outer divider, G, and can also be hung or be suspended below the draft-frame, substantially as described.' '(9) Effecting a combination of a rake and reel, located substantially as described, and a finger-beam and platform, with the main frame, by means of a hinged draw-bar, b, and hinged brace, I, or hinged suspender,f, and an extension bracket, 2, or their equivalents, substantially as and for the purposes described.' '(11) Preventing a too sudden or abrupt deflection of a rake and reel mounted upon a hinged-joint cutting apparatus, by carrying the point of suspension beyond the rake-support towards the center of the draft-frame, by means substantially as described.' '(12) A continuously-revolving rake, which is mounted directly and wholly upon the platform or finger-beam, so as to rise and fall therewith independently of the draft-frame, when said rake is located between the center of the draft-frame and the outer divider, and passes in at the front of the machine upon the platform and sweeps around to the inner side of the platform, substantially as described.' '(14) The combination of a suspended hinge-joint cutting apparatus of harvesters, and a combined rake and reel, which is mounted directly and wholly upon the suspended platform or hinged finger-beam, substantially as and for the purpose described.' '(16) The combination of a combined rake and reel, mounted upon a hinged-joint cutting apparatus, and a yielding belt-tightener, substantially as and for the purpose described.' '(19) Providing, in a harvester with the rake attached to its hinged finger-beam or platform, an extensible means for driving the rake, which will permit the platform and rake to rise and fall together, and accommodate themselves independently of the draft-frame to the undulations of the ground, substantially as described and for the purpose set forth.'
The original patent, No. 35,315, in stating what the invention is, says that it consists of certain improvements 'in the manner of mounting and operating a revolving rake.' There were three features set forth in the specification of No. 35,315: (1) the peculiar construction of the reel and rake; (2) the peculiar form and location of the rake-post; (3) the peculiar manner of operating the rakes. There were only three claims in No. 35,315, one covering each of said three features, as follows: