and minute when it is done, and consequently registers the time of his arrival. The clock and clockwork are old. The time-printing wheels are old. They move with the clock, and are found in the prior art. The band, having a longitudinal row of consecutive numbers marked upon it, is also old, found in the prior art, and, indeed, shows no novelty. It is simply a strip of paper, or like material, having these numbers marked thereon. When used for the day, it is or may be taken out, and may then be filed or bound as a permanent record. It is like the sheet of paper put in a typewriter. It is put in to be printed upon, and, when printed on for the day, or, it might be for the half day, it is taken out. There is nothing new or novel in moving it longitudinally. The manually operated lever is not new or novel. It has a mode or mechanism of its own for controlling the movement of the band. The index traversed by the lever and numbered to correspond with the band is old in the prior art. It has the apertures for the pin, but there is nothing new or novel about it. The platen actuated by the lever and pressing the band into contact with the time-printing wheels has no new or novel features. Complainant's counsel says in his brief: "These elements are the chief characteristics of the well-known type of machine known as the 'Dial Time Recorder,' and the claim relates to this general combination of elements, and does not concern itself with the unimportant details of the mechanism by which the general combination of elements may be embodied."

Turning to the specifications of the patent in suit, we have a detailed description of the mechanism shown in the drawings, but nothing as to possible variations thereof either in essential or nonessential details. The patent expressly refers to a similar time recorder covered by United States letters patent to Alexander Dey, No. 411,586, of September 24, 1889, and says:

"The invention [of the patent in suit] consists in an improved reorganization of the recording mechanism and means for operating the same, all as hereinafter fully described and summed up in the claims."

No new or novel mechanism or means is claimed. The invention is in the reorganization and possible improvement of the old mechanism incident thereto, in the new arrangement and putting together with necessary changes in construction. The patentee confesses himself to be a mere improver, and that his improvement consists in the "reorganization" of old parts; a new organization in a different way, or manner, but in an improved manner, so as to produce a better operation and an improved result. The construction and limitations of the claim in suit are to be measured accordingly. After describing the type-wheel and hour-wheel, "time-printing wheels," the patent locates, and to an extent describes, the "platen" and its operation, as follows: "Facing the said type-wheel and hour-wheel and preferable arranged directly under them is the vertically movable platen, C, which is attached to the free end of a spring-arm, c', fastened to a rock-shaft, d, pivoted to the plate, A'; said platen receiving its vertically oscillatory motion by the mechanism under control of the operator, as hereinafter described."

Then, says the patent:

"At opposite sides of the platen are two rollers, D and D'; mounted on revoluble shafts, e, e, which are parallel with the axis of the type-wheel."

Also,

"An impression-receiving band or ribbon, E, is wound upon and secured at opposite ends to the rollers,”—meaning the rollers, D, D'.

This "impression-receiving band" is the "band moving longitudinally in either direction" of the claim. The manner and means for doing this are described at length. The movement of these rollers, D, D', the attachment thereto of the impresssion-receiving band, and the movement of the platen are described at great length as follows:

"The rollers, D, D, are made to revolve with their shafts by the latter being square in cross-section, and upon these shafts are mounted sleeves, f', also squared internally and cylindrical externally and screw-threaded on their rear end-portions and provided with fixed collars, f", f", a proper distance from the screw-threaded portions to receive between them the rollers, D, D', which are mounted on said sleeves. The hollow roller or drum is of metal and fastened directly to the roller, f', and inside of said drum is the spool, D", loosely mounted on the sleeve and fixed to a cap which covers the open rear end of the drum and is held in position by a nut on the screw-threaded end of the sleeve. To the inner periphery of the drum is fastened one end of a spring-plate, t', which lies with its free end across the slot, u'. The band, E, passes from the spool over the end of the spring plate and back through the slot, u, and is thereby clamped in the drum. The said rollers are rotated in unison so as to cause one roller to wind up the impression band, E, as fast as said band is unwound from the other roller, and this is effected at will of the operator by the following mechanism:

"Horizontally through the case, A, passes a hollow shaft, g, which is journaled in suitable bearings inside of the case and protrudes through the front thereof, where it has affixed to it a crank, g', to which is pivoted a lever, g", one end of which extends across the end of the shaft and the other end extends to a dial, F, which is concentric to the shaft, g. and is marked with consecutive numbers distributed uniformly around the dial, and opposite each of said numbers is a perforation, g''', in the front plate of the case. A pin, h, projecting from the free end of the lever, g", is adapted to enter into any one of the perforations at a time. The inner end of the hollow shaft, g, has fastened to it a gear-wheel, h', which meshes with pinions, h", h", mounted on the shafts, e, e, of the rollers, D. D'. Hence by turning the hollow shaft rotary motion is imparted to the said pinions. One of the pinions, h", is mounted loosely on its shaft, e, and connected to it by a spiral spring, f''', which exerts a strain on the shaft in opposite direction from that of the shaft of the collar, and thereby maintains the impression band, E, constantly taut between the rollers. The impression band, E, has printed upon it lengthwise thereof a row of numbers corresponding to those on the dial, F, which latter serves as an index by which to determine the degree of rotation to be imparted to the lever, g", to bring the impression-receiving band into its requisite position in relation to the time-printing wheels to print the time opposite the proper number on the band. The said band is so adjusted on the rollers as to bring O directly over the platen when the pin, h, of the lever, g", is inserted in the perforation directly opposite O of the dial. For this purpose I fasten a ratchetwheel to the sleeve, f', of the solid roller, D', and pivot to said roller, a pawl, t, which engages said ratchet-wheel as shown in Fig. 12 and causes the same to rotate with the sleeve. In adjusting the band, E, as aforesaid, it is drawn out of the hollow roller or drum and wound upon the roller, D, which is effected without turning its sleeve and shaft with it. In order to accomplish this adjustment more accurately I attach to the cross-bar, a', a, pointer, h''', as shown in Fig. 2 of the drawings; said pointer being set directly over the platen.

"The platen receives its vertical oscillatory motion toward and from the type-wheel by means of a plunger, i, extending through the hollow shaft, g, and bearing with its inner end on a cam or a short lever-arm, d', aflixed to the rock-shaft, d, the outer end of the plunger bears against the lever, g', and is forced outward or toward said lever by means of a coil spring, O, bearing at

opposite ends on shoulders formed on the interior of the hollow shaft and exterior of the plunger, as shown in Fig. 4 of the drawings. In pushing the free end of the lever toward the dial at the same time of entering the pin in the perforation of said dial, the plunger is forced inward, and by means of the cam or lever arm, d', throws the platen toward the type-wheel. In order to obtain a more effective stroke of the said platen I pivot a latch, j, to a bracket, i', fastened to the rear of the plate, A', as shown in Figs. 4 and 9 of the drawings. Said latch comes in contact with the spring-arm, c', of the platen in its movement toward the type-wheel and subjects said spring-arm to considerable strain toward the latter part of the inward movement of the plunger. A tripping finger, d''', fixed to the rock-shaft, d, strikes the latch during the latter part of the movement of the plunger, and thereby releases the spring-arm, c', from the latch. The platen then receives the spring action of the spring arm.

"In order to hold the type-wheel stationary during the period of printing, I employ a detent, F', which engages the notched-wheel, B', similar to that shown in the patent to Alexander Dey herein before mentioned. Said detent is pivoted to a bracket, F", fastened to the top portion of the plate, A', and is thrown into engagement with the said notched-wheel simultaneously with the movement of the platen toward the type-wheel by means of an arm, d", fixed to the rock-shaft, d, and a rod, d''', connecting said arm with the detent in front of the pivot thereof, as shown in Fig. 6 of the drawings."

Then follows a description of the "carbon ribbon" which passes between the type-wheel and impression band, E, and is wound upon and secured at opposite ends to the spools, E', and their moving mechanism is then described. These spools, E', correspond in location with the rollers, D, D', and the carbon ribbon travels in unison with the impression-receiving band, but by its own mechanism. The rollers, D, D', are shown in the drawings arranged in a horizontal plane at some little distance from each other and below the time wheels. The platen is located at an intermediate point just below a line drawn in the horizontal plane of the upper edges of these rollers. Consequently that part of the band, as well as that part of the carbon ribbon reaching from roller to roller and from spool to spool, respectively, are in the air, so to speak, unsupported except at the points where they touch the rollers and spools. This part of the impression band and this part of the carbon ribbon are kept taut in the manner described. This suspended part of the impression band is guarded against disruption as follows:

"A stop, t', on the dial prevents the lever, g', from making more than a complete revolution in either direction, thus obviating the danger of disrupting the impression receiving band."

The construction and combination pointed out and described neither presents nor suggests an alternative construction, nor presents this as a preferred construction. The patent points out and sets forth a specific "band movable longitudinally in either direction" and specific means for so moving it and a specifically arranged and located "platen actuated by said lever" which is operated by the specific means described.

Here arises the controversy in this case. The defendant's time recorder, which is of the same type, has in combination (1) the timeprinting wheels; a band, impression band having "a row of consecutive numbers marked upon it," and which is "movable longitudinally in either direction" only in so far as any tape or band wound upon a single wheel or spool, or roller, is movable longitudinally in either

direction as it is unwound therefrom by the revolution of such wheel or spool, or as it is carried (a very small portion of it indeed) in a longitudinal direction by the revolution of the wheel or roller. In strict refinement, in this latter case, it is but a mere point of the band that is movable in a longitudinal direction as the roller revolves. Such a movement of the band is very far from the longitudinal movement of the band when unwound from one wheel or roller and wound upon another of the same size both revolving in the same horizontal plane. This is not a fanciful nor a technical difference, but a substantial one. In defendant's time recorder, alleged to infringe, this band, having the consecutive numbers marked thereon, is wound on one roller, and not attached to any other, and all the printing done on it is done by either striking or pressing this roller, and consequently the band, against the type on the time-printing wheel, or by bringing the latter down against the roller having the band wound thereon. Defendant's time recorder has, also, the manually operated lever controlling the movement of the band, for the reason it controls the revolution of the roller on which it is wound, and for no other reason and in no other way, and also the index traversed by the lever and numbered to correspond to the band; but, the important and crucial question is: Does the defendant's recorder have "a platen actuated by said lever and pressing the band into contact with the time-printing wheels as set forth," or an allowable equivalent?

One roller of the patent in suit is dispensed with entirely; both rollers as therein described, and one roller is substituted. So the platen and much of the mechanism actuating it of the patent in suit is dispensed with entirely. And the substituted platen, if it may properly be called that, does not press the band into contact with the timeprinting wheels, except as it, being wound on the roller and on the periphery thereof before the band is wound thereon, is necessarily interposed between the wheel proper and the band, and, therefore, when the roller is pressed against the time-printing wheels, or vice versa, the band is necessarily pressed into contact with the time-printing wheels. In no proper sense, in my judgment, does this platen, which is merely some yielding substance attached to the surface of the periphery of the roller, press the band into contact with the timeprinting wheels. That is done by the roller as it moves or as it is struck by the moving time-printing wheels. In the patent in suit, the operation of the platen there shown, described and made an essential element of the claim, and without which the device patented is inoperative, has an independent movement of its own and, in part, independent mechanism for actuating it. It does not operate in the same way as does defendant's to effect the printing. In the alleged infringing time recorder, the platen is a mere incident to the completed roller and may be of any material, or may be wholly omitted as the recorder, the wheels, and roller would record or print the time on the band just the same, although not as well or as distinctly.

In defendant's recorder we have in place of the two rollers, D, D', and the independent hammer or free end of the spring-arm on the face of which the platen proper is placed, and the spring-arm and its

actuating mechanism, and some of the mechanism of one of the rollers, a single roller on the periphery of which is placed, conforming thereto, a substance of the same general nature and serving the same purpose as the corresponding substance on the hammer at the free end of the "spring-arm," c', and which together make the platen, and on this, conforming to the periphery of this roller, is wound the "impression band." This is not the platen of the patent in suit, but it is broadly, in connection with the roller, an equivalent in so far as it serves the same purpose, but it does not operate in the same way, nor is it actuated in the same way, or by the same or even similar means. The actual printing is not done in the same way. It is an improvement and a marked improvement on the platen of the patent in suit. It is not a mere change in form. In printing "a platen" is "the flat part of a press which comes down upon the form, and by which the impression is made. Platen press, any form of printing press which gives impression from a platen, in distinction from rotary or cylinder presses, which give impression from a cylinder or a curved surface." Century Dictionary. Platen:

"(a) The part of a printing press which presses the paper against the type and by which the impression is made: (b) hence an analogous part of a typewriter on which the paper rests to receive an impression; (c) the movable table of a machine tool, as a planer, on which the work is fastened and presented to the action of the tool."

From a careful study of the derivation and meaning of the word "platen" in mechanics, especially in the printing press art, and from the minute and detailed description of the "platen" of the patent in suit, given in the specifications thereof, I am convinced that Dey had in mind and intended a combination, in claim 1 in suit, having a separate and distinct platen as a separate and distinct element movable and actuated by its own peculiar mechanism, as distinguished from the rollers, D, D', carrying the band. The two rollers, D, D', are not made an element of the claim, but "a band movable longitudinally in either direction in proximity to said printing wheels" is, and as this must be in the combination and connected with it, in some way, and that way or mode is specifically pointed out and is by means of the two rollers, without which the device would be wholly inoperative, I think the rollers, or an equivalent, are a part of that element of the combination, and must be so considered. Therefore the one roller of defendant's recorder, with the impression band thereon, is the substitute for and equivalent of the "band movable longitudinally in either direction," and answers to that element including the two rollers; but it is not at the same time a substitute for and the equivalent of that other element of complainant's claim 1, "a platen actuated by said lever and pressing the band into contact with the time-printing wheels as set forth." In truth defendant's time recorder has wholly omitted and dispensed with the platen of claim 1 of complainant's patent. Defendant does not use one element of the claim in suit, and does not infringe. In complainant's recorder, both rollers move up with the band to meet the time-printing wheels, or in another construction may remain stationary while the time-printing wheels come to them, or into the same line with their upper periphery; but the