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The arrangement of the parts and operation of the machine are such that no tablet can be exhibited without its value being counted upon the registering mechanism, and whenever any tablet is disclosed it remains so until the machine is operated to disclose a second tablet.

The novelty of our invention consists in the construction, combinations, and arrangements of the various parts, as will be here with set forth and specifically claimed.

The following drawing exhibits such particulars of the patent as are pertinent to this suit:

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The material parts of the specification are as follows:

We provide any suitable box or case, A, ornamented as desired, and of the general shape indicated, though its shape aud ornamentation may be varied infinitely. In this outer case is fitted a metal frame-work, consisting chiefly of two upright sides, B, united by a cross-bar, C, and by the shafts and bars which support the operating mechanism.

In the lower portion of the frame, and extending horizontally across it, is a rod or shaft, D, supported by and aiding to connect the sides B of the frame. Upon this shaft are hung a series of parallel keys, E, of metal, made heavier in the rear, so as to remain in and return to the position indicated in Fig. 1 by their gravity alone, without the use of springs or other devices. In the present instance twenty of these keys are shown, though any number may be employed. Each key has upon its front end, which extends through and projects from an opening in the front of the case or frame, a button, c, having marked upon it a figure to correspond with the value intended to be indicated and registered whenever that key is operated by depressing the button. In a machine with twenty keys the first button to the left would be numbered 5, the second 10, and the third 15, to represent five, ten, and tifteen cents, and so on progressively. As these buttons are about three-quarters of an inch in diameter, it would make the machine unnecessarily wide to arrange the whole series side by side in one bank; so we have arranged them in two banks, the one above the other. . . . The rear end of each key is flattened and slotted at its outer end, so as to embrace vertical guide-pius b, set in the bar (, and which aid the shaft D in preventing lateral play or twist of the keys.

Resting upon the flattened ends of the keys are vertical metal rods F-one for each key-which pass and have vertical play through perforations in metal guide-bars G, extending across and supported by the sides B. These rods may be any shape in cross-section, though we prefer to make them square, with square perforations in the 591 PAT 95-17

guide-bars G. The upper portion of each rod, just above the upper bar, G, is bent to form a knuckle or shoulder, d, upon its rear side, which has beveled or inclined operating-faces, for a purpose to be presently explained.

Suitably secured to the top of each rod is a tablet, H, of thin flat metal, and upon the face of each tablet is a number corresponding with the number upon the key over whose rear end the rod of that tablet rests.

Thus the tablet of the rod resting upon the key whose button is marked 5 is likewise marked 5, and so on through the series. In order to get the tablets into as narrow a space as possible, and thus not make the machine wider than necessary, their stems are bent so that the tablets can overlap each other, as shown in Fig. 4, and yet each can be operated without interfering with another.

In the upper portion of the case is a large horizontal opening extending across the front of the case and covered with transparent glass e, Fig. 1, and when the keys are in their normal position of rest, with the rods F resting upon their rear ends, all of the tablets are hidden from view below the lower edge of the opening e: but when any key is pressed down by means of its button the rod of that key is raised and its tablet exposed to view through the glass e.

In Figs. 1 and 4 one of the tablets is thus shown raised up and exposed to view, Now, it is an important feature of our machine that after a key has been operated and its tablet exposed to view such tablet shall remain up and exposed until another key is operated, whereupon the first falls back out of view and the second remains exposed, and so on, thus always keeping in view the tablet of the key last operated. To effect this result we pivot, by means of trunnions or a shaft extending between the sides B, a forwardly-inclined wing, I, pivoted at its lower edge, as at ƒ, and resting at its upper edge against the rear sides of the upper portion of the rods F. This wing extends back of all of the rods, and is free to vibrate on its pivotal axis ƒ. It is yieldingly held against the rods by any suitable spring, a spiral spring being shown for that purpose in Fig. 2, secured at one end of the wing and to the side B of the frame. Just on the inner sides of the frames B, and pivoted upon the shaft D, are flat arms J, extending upward and rearward and downward and forward of their pivotal points. The front ends of these arms extend into the opening made for the keys in the front of the case A, and are connected by a bar, K, extending entirely across this opening and resting up against the under sides of all the keys. Of course when any one of the keys is depressed the bar K is likewise carried down, and the upper portions of the arms J are vibrated forward. To return the

bar J when the key is released, and to assist the key itself to return, any suitable spring may be employed.

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Pivoted at h upon the right-hand side of the frame B, Fig. 1, is a bell-crank trippingarm, L, with the rear end rounded and resting against the upper portion of the front side of the wing I. Its vibration is limited by two pins or detents, i, as shown, and upon the same pivot, h, is hung a follower, j, whose lower end extends below the elbow of the bell-crank, and whose rear edge rests against a shoulder, k, upon the bell-crank. The lower end of this follower has a beveled engaging-nose, 7, against which the upper end of a trigger, m, pivoted at or near its middle, as at o, to the ide Brests. The lower end of this trigger is connected to the upper end of the arm J on that side of the machine by a link, p. The opposite arm is connected by a similar link, q, to similar tripping mechanism, r 8 t, for operating the hammer a of a bell or gong, M, which is secured in any suitable manner to the side B of the frame.

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Now, the operation of thus much of the machine is as follows: When any key is pressed down its rod and tablet are raised, and the elbow d of the rod, in rising, aids in pressing back the wing I; but to aid the elbow the arm J on the right, which, as before explained, is drawn forward whenever a key is pressed, imparts motion to the link p and trigger m, whose upper end, acting on the nose 1 of the follower j, presses it back, and with it the bell-crank L, which is thus forced against the wing and presses it back. Now, the parts are so arranged that when the lower side of the

elbow is just above the top edge of the wing the key has completed its downward stroke, and is arrested by the front bar, N, of the case, the trigger m has passed beyond the nose I of the bell-crank, so that the latter swings back out of the way, and the spring a' draws the wing forward under the elbow d, so that the latter rests upon the upper edge, as seen at b', Figs. 1 and 2, and there remains, thus retaining the tablet and rod of the operated key elevated. Now, upon releasing the key it falls backward to its normal position by gravity, and is aided by the spring 9, Fig. 2, which returns the bar K and arms J. The follower j, being free to swing forward without moving the bell-crank, permits the trigger m to flip it up and pass under its nose to its normal position. During this operation the opposite arm has in like manner actuated the hammer of the gong, which is sounded every time a key is depressed to its farthest limit, and only then, and thus gives notice to the customer that the machine has been properly operated. Whenever the same key is successively operated its rod and the tablet remain up and exposed to view; but when a different key is operated the tablet of the previous one is released and falls back out of sight, and the tablet of the operated key remains up and exposed.

The remainder of the specification relates to the registering or recording mechanism which is not in issue here. The only claim alleged to have been infringed is the first, which reads as follows:

1. In a registering and indicating machine, the combination, with a series of indicating-tablets operated by a series of keys, of a series of rods, each provided with a detent or shoulder and carrying one of the aforesaid tablets, and a supportingwing with connecting mechanism, whereby upon operating any one of the keys the wing is so moved as to permit the passage of the rod, and whereby upon the release of the key the wing engages with and holds up the tablet-rod and tablet, substantially as described.

The answer put in issue principally the question of infringement, and, upon a hearing upon pleadings and proofs, the Circuit Court found this issue in favor of the defendant, and dismissed the bill. Plaintiff thereupon appealed to this Court.

Mr. Justice BROWN delivered the opinion of the Court.

In the past fifteen years, cash-registers have become extensively used in retail shops, where each sale is small in amount, such as drug stores, cigar stands, restaurants, and other small establishments, for the purpose of affording a convenient deposit for the cash received, and of preserving a record of every sale made during each day, and of the amount received therefor. The correspondence between the amount indicated by the register and the amount in the drawer shows whether each sale has been properly accounted for. It thus enables the proprietor to ascertain at the close of each day's business the amount of sales, and also operates as a check upon the dishonesty of clerks who are held accountable for the amount of money indicated by the register. To fulfill all its requirements, the cash register and indicator should perform the following functions:

First. It should register the number of sales. This is done upon somewhat the same principle as a steam-engine records its own revolutions.

Second. It should also register the amount of each sale, and to this end it is provided with a series of keys representing different amounts

from five cents to five dollars, by the pressure of which keys a corresponding amount is registered, and added to the previous aggregate of small amounts upon a revolving cylinder.

Third. It should also indicate to the customer the proper amount of his purchase by exposing a tablet containing such amount in large fig. ures, which tablet should remain in sight until the next sale is made. If the amount of such sale is a dollar and a fraction of another dollar, two such tablets are exposed, the aggregate of which represents the proper amount. It is necessary in each case that the tablet should remain exposed until another key is touched, when it ought to disappear, that the next customer may recognize the amount of his pur chase. The customer is thus made to a certain extent an involuntary detective of the action of the clerk making the sale.

Fourth. The pressure upon the key should also ring a bell, to call the attention of the customer to the exposed indicator or tablet.

Fifth. The pressure of the key is also intended to unlock, and by the aid of a spring, to throw open, the money-drawer, which should be shoved back and closed after each sale is made.

Sixth. In some machines a record is made of the number of times the lid is opened, that the proprietor may know whether the box has been tampered with.

If the mechanism does its work properly, it should operate as a complete check upon any attempt at embezzlement, by the salesman, of the funds.

The patent in suit covers the registering or recording, as well as the indicating mechanism; but as the only claim of the patent alleged to be infringed deals with the indicating mechanism alone, no further reference to the other features of the patent is necessary. This mechanism consists of keys, E, having figures representing values upon their front ends, c, and hinged upon a horizontal shaft, D, extending across the machine. The rear end of each key is flattened and slotted to receive the lower ends of vertical rods, F, carrying tablets, H, which are labeled with a figure corresponding with that upon the key. The depression of the front ends of the keys raises the rear ends, together with the rods attached thereto, and brings the tablet into view. Back of these rods is a wing, 1, pivoted at its lower edge, f, inclined forward, and resting at its upper edge against the rear sides of the upper parts of the rods F. Each rod contains an elbow or projection, d, which, as the rod rises, presses back the wing I, and when the pressure is taken off the key, the elbow catches upon the upper side of the wing, and thus holds the tablet up and exposed to view until the key is depressed again, when the wing is again pressed back, the elbow is relieved, and the tablet falls. To secure a more perfect operation of this wing, a bar, K, is extended across and directly underneath the front ends of the keys, so that whenever any key is depressed this bar is also depressed. Connected with this bar is a train of mechanism, which appears in the

drawing and is described in the specification, but which is not necessary to be set out here in full. This mechanism operates directly upon the wing I, and secures beyond peradventure the falling of the tablet, before the elbow of the next tablet-rod has passed the upper edge of the wing. This subsidiary train of mechanism, operating directly upon the wing, and independently of the elbow in the rods, is the special feature of the Ritty and Birch patent.

To answer satisfactorily the question of infringement, it is necessary to refer to the state of the art, and to distinguish that which was already well known at the date of this patent, from that which Ritty and Birch contributed by their invention. While the novelty of their device is not directly attacked, it is claimed that, in view of certain prior patents, their patent is subject to limitations which affect materially the construction of the first claim, and show defendant's machine not to be an infringement.

The earliest patent to which our attention is called, and which may be said to represent the infancy of the art, is that to James Russell, issued October 10, 1829, for an improvement in bell hanging. This patent, which was issued long before electricity was put to any serviceable use, was intended to be employed in hotels or other buildings, where a series or row of bells had theretofore been used to connect each room with the office. These bells had been hung upon wires or springs, and, when rung, oscillated long enough to call the attention of the attendant to the number of the room with which they were connected. The Russell patent substituted, for the familiar row of bells in the office, a single bell, in a box, with a series of indicators or tablets which protruded from grooves in the box as each bell was sounded. These indicators were mounted upon notched plates of metal, and as each indicator was pulled out by its wire, the plate was caught by a pivoted wing or bar, and the tablet held outside of the box until the next bell was sounded, when it fell back to its place. The wing cooperated with the notch in the metallic plate of the tablet precisely as the wing in the Ritty and Birch patent coöperates with the elbow of the tablet-rod, and holds it up until the next tablet is raised. The wing is an obvious anticipation of that in the Ritty and Birch patent, and the whole device differs from it in principle, only in the absence of the connecting mechanism between the keys and the pivoted wing.

The British patent to Henry Pottin of May 28, 1877, for a cash-register exhibits, in place of the pivoted wing of the Russell patent, a sliding bar operated by keys. This sliding bar is moved aside by a shoulder in each tablet-rod as the rod is raised. After the shoulder has passed a coöperating latch or trip lever, pivoted upon the bar, the latter is brought back to its position by a spring, and the tablet remains exposed to view. When the key is again depressed, another tablet-rod rises, but before its shoulder has passed the coöperating latch the first tablet falls upon the latch, which gives way to allow the rod to fall, when the

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