282 Reporter's Statement of the Case The movable ring 82 of the Scarff mount is provided with a pair of spaced upstanding lugs 82a in which a hinged bow 84 is mounted. A pair of similarly spaced upstanding notched quadrants 84a is adapted to support the bow through a series of locked positions from the horizontal upwardly to about 55°. A handle convenient to the gunner controls locking mechanism for simultaneously locking the bow into any of its positions with respect to the quadrants and the movable ring 82 at any desired rotative position with respect to the fixed ring or track 80. The center of the hinged bow 84 is provided with a socket which is adapted to receive the lower end of a gooseneck member 84b, the upper end of which is provided with a pivot or trunnion pin 85 which in turn carries a mounting piece 85a upon which two machine guns 800 are fixed, the pivot pin thus permitting elevation or depression of the guns independently of the bow 84. The goose-neck also provides for a limited rotative longitudinal movement of the guns relative to the bow. 16. Various positions of the guns and their associated mountings are shown in photographs, plaintiff's exhibits 19-A, 20-A, and defendant's exhibits 3-1 to 3-6, inclusive. When the bow is substantially horizontal the gun pivot is positioned outside and beyond the two rings, thus facilitating the firing of the gun downwardly over the outer side of the fuselage. The bow is substantially counterbalanced, and the raising of the same, and hence the gun pivot, increases the permissible range of fire with respect to the aeroplane and enables the gunner to increase the maximum range of fire without substantial changes in his position. The gunner may rotate the movable ring 82 with respect to the fixed ring 80 by means of the pressure of the lower rear extremity of his body against a backrest 86. During operation of the guns the gunner is positioned inside the two rings with his feet on the floor of the cockpit. 17. When the bow is elevated into the topmost notch of the quadrants, the guns of the Scarff mount may be elevated upwardly to about 85 degrees from the longitudinal center line of the aeroplane. From this angle of 85 de Reporter's Statement of the Case 93 C. Cls. grees up to an exact perpendicular elevation (90 degrees) from the longitudinal center line of the aeroplane, the gear casing P on the guns engages the bow and while the guns therefore by forcing or springing may be pointed at 90 degrees, or mathematically perpendicular to the longitudinal center line of the aeroplane, from 85 degrees to 90 degrees, flexibility and movement of the guns relative to the bow cease, and they cannot be aimed and the gun mount is not intended to be used in combat while the guns are thus locked to the bow in non-aiming position. The guns when trained upwardly to 85 degrees, which is substantially perpendicular to the longitudinal center line of the aeroplane, do not in any way project below the top of the body of the aeroplane nor is any part of the guns, when set in a substantial perpendicular position, enclosed within the cockpit. Instead, the lower ends of the guns are positioned a substantial distance above the body of the aeroplane and above the cockpit. When the bow is adjusted into the lower notches the guns may be said to be mounted at a point substantially on a level with the upper part of the aeroplane. See defendant's exhibits 3-4, 3-5, and 3-6. 18. When not limited to the specific embodiment disclosed and illustrated in the patent in suit in which the circular track and annular ring are located in the bottom of the cockpit and about an opening in the bottom thereof, the phraseology of claims 3 and 10 is applicable to the Scarff mount. 19. Claim 11, after defining the aeroplane as a "body having an opening or cockpit therein," defines the mounting of the gun in the following phraseology: A gun mounted on the said trunnion means and which is capable of adjustment in the vertical direction, and when trained upwardly perpendicularly to the longitudinal center line of the said body is so mounted as to project below the top of the same. While 85 degrees may be considered substantially perpendicular and the phrase of "trained upwardly perpendicularly to the longitudinal center line of the said body" is applicable, the guns of the Scarff mount are not so mounted 282 Reporter's Statement of the Case as to project below the top of the cockpit, and the terminology of this claim is therefore not applicable to the Scarff mount. 20. Claim 12, of the patent in suit, defines the gun mount in the following phraseology: A gun mounted on the said trunnion means and which is capable of adjustment in the vertical direction and when fired perpendicularly is enclosed in part within the said cockpit. When the guns of the Scarff mount are in the 85-degree position or even forced into the 90-degree position and locked to the bow, no part of them is enclosed within the cockpit. The phraseology of this claim is not applicable to the Scarff mount. 21. The Navy 3-A and 3-B gun mounts were used in connection with a Curtiss aeroplane, and are shown in plaintiff's exhibits 21, 21-A, 21-B, 22 and 22-A, and defendant's exhibit 17. These gun mounts were first installed on a Navy aeroplane January 1, 1931, and there is no satisfactory evidence that their use was other than for the purposes of experimenting with these types of gun mounts. 22. The Navy 3-A gun mount is best illustrated in plaintiff's exhibit 21-B which is reproduced in the findings. For the purpose of convenient comparison with the patent in suit, similar elements in this schematic drawing, referred to above, are designated by the same reference numerals used in the patent in suit. The Curtiss aeroplane on which this type of gun mount was used is of the double cockpit type with a set of controls in each cockpit for piloting the aeroplane. The gun mount is located in the rear cockpit and, as shown in the following schematic drawing, comprises a semicircular rail or track 80 which is positioned around the rear portion of the top edge of the cockpit and slightly below the same. This semicircular track is not horizontal but is inclined upwardly and to the rear at an angle of 30 degrees. A gun carriage 82 is so mounted on rollers as to embrace the semicircular track 80, being thus interlocked to the inclined track and capable of movement along the same, a handle |