is separated from the seed, and discharging the separated lint at the external surface of the roll.

"(5) In a seed-delinter, the combination of a horizontally-arranged, rotating cylinder and an outer casing, said casing being perforated to provide an outlet for the separated lint and seed, and said cylinder having channeled and shouldered portions to effect the movement of the seed in the form of a roll and the separation of the lint therefrom, substantially as described.

"(6) In a seed-delinter, the combination of a horizontally-arranged rotating cylinder and an outer-casing, said casing being constructed and arranged to provide for the formation of an annular roll of lint-bearing seed around said cylinder, and being perforated to provide an outlet for the separated lint and seed, and said cylinder having projecting portions to effect the rotation of said Toll as described and having cutting or abrading surfaces to effect the separation of the lint from the seed.

"(7) In a seed-delinter the combination of a horizontally-arranged, rotating cylinder, an annular lint-bearing seed receptacle surrounding said cylinder, a lint-discharge flue without said seed receptacle and an air moving apparatus, said receptacle having an inlet for the lint-bearing seed and an outlet for the denuded seed, and its casing being perforated to 'provide an outlet for the separated lint, and said cylinder having projecting portions to effect the rotating of said roll as described and having cutting or abrading surfaces to effect the separation of the lint from the seed, substantially as described.

"(8) In a seed-delinter a horizontally arranged cylinder in combination with a surrounding annular, seed receptacle, said cylinder having channeled surfaces for effecting the separation of the lint from the seed and having pointed or shouldered portions for effecting the rotation of the lint-bearing seed around said cylinder, said channeled portions being deeper at the seed-delivery end of the cylinder.

"Witness my hand this 4th day of February, 1893.

"Witnesses:

"H. H. Schmuck.

"A. H. Thomas."

"Abner D. Thomas.

The following are the drawings and specifications of the Baxter patent, referred to in the opinion:

"Be it known that I, William C. Baxter, of East Bridgewater, in the county of Plymouth and state of Massachusetts, have invented a new and useful improvement in cotton-seed delinters, of which the following, taken in connection with the accompanying drawings, is a specification.

"My invention relates to improvements in machines for removing the lint from cotton-seed; and it consists in devices by which a much better feeding

action is attained, the practical working of the machine is improved, and there is no danger of the running parts becoming clogged.

"My invention is illustrated in the accompanying drawings, in which"Figure 1 shows the machine partly in elevation and partly in vertical section. Fig. 2 is a plan showing the essential features of my machine, a part being represented as broken out to show the interior construction. Fig. 3 is a vertical section taken on line, X X, Fig. 1, enlarged. Fig. 4 shows in end elevation the cylindrical part of my machine; Figs. 5, 6, 7, and 8, details.

"The framework of my machine is represented by A, A', A2. The main shaft, B, is mounted on bearings, A2, A2 (see Fig. 1), and is driven by the belt

pulleys, B', B'. A sleeve or hollow shaft, B2, is mounted upon the shaft, B, and is rigidly affixed to it. At each end of the sleeve, B2, a disk is attached, one, M2, of these disks permanently fixed to the sleeve, but the other, M, is screwed on, as shown in Fig. 1.

"C, C, are a series of abrading or grinding wheels mounted upon the sleeve, B2. These wheels, C, C, are made of corundum wholly or in part and are more or less grooved circumferentially, as shown. Between each pair of the wheels, C, C, I place a metallic disk, D, each of which has teeth or projec tions, D', D'. These teeth are arranged spirally, as shown in Fig. 2, so that as they rotate they have a tendency to feed the cotton-seed along, as well as to act as stirrers and also to assist in removing the lint from the seed.

"The teeth, or, as I prefer to call them, 'stirrers,' D', D', are made in a peculiar form to adapt them to their work. This form is clearly shown in Figs. 7 and 8. In Fig. 7 a stirrer is shown in plan and in Fig. 8 in front elevation. The front face, d, e, e', d', is inclined, as indicated, so as to have a tendency to cause the seed to advance along the cylinder from the feed end to the discharge end. The side face (indicated by the line, d, d2) is also inclined, so as to force the seed in the same direction. The top face, d', e', e2, d2, is also inclined, as indicated by the line, e', d', Fig. 8, for the same purpose. The front face of the stirrer being inclined, as shown, serves as it travels through the seed to force the seed primarily against the corundum rolls, from which it is forced outward against the inner surface of the perforated cylinder, so that the lint is rubbed or ground from it, and the position of each seed is constantly changed throughout the mass.. At the same time the seed is packed in the mass with sufficient pressure to be so held against the grinding. roll that the lint will be ground away.

"From the above it may be seen that the stirrers act to prevent the machine from clogging. to assist in the delinting operation, and to advance the seed from the feed end to the discharge end of the machine.

"It will be observed that the corundum wheels, C, C, and the disk, D, D, constitute a delinting-drum mounted upon the shaft, B, which is driven with great force and rapidity by the belt-pulleys, B', B'.

"A perforated cylinder, K, surrounds the working or delinting drum. This cylinder, K, is made conical, being smaller at the left-hand end than at the right-that is, it is larger at the end which receives the seed to be delinted (from the chute, S) than at the end from which the denuded seed is delivered to the outlet, P. This construction allows of a larger space between the drum and the interior of the perforated cylinder at the feed end than at the delivering end, which is highly desirable, especially in connection with the suction, as the seed when entering are covered with lint and require more space than when the lint has been taken off from them and they are about to pass out of the machine through the outlet, P. This same result could be attained by making the diameter of the delinting-drum larger at the discharge end than it is at the feed end and by making the perforated cylinder, K, of the same diameter at each end. The perforations in the cylinder, K, are larger at the feed end than at the discharge end, for the reason that the lint is longer and requires larger orifices for escape than is required at or near the discharge end, when the seed-covering is of a much finer nature.

"To assist in feeding, I have a worm, S', attached to the shaft, B, at the discharge end of the chute, S, so that as the seed covered with lint fall from the chute they are fed into the space between the delinting-drum and the cylinder, K. As the process of delinting goes on the lint works out through the openings in the cylinder, K, and is carried off by a suction applied at N3. In practice a hood or receiving-chamber is mounted at N3 to receive the lint that is removed from the seed, the seed passing out through the chute, P. For convenience I place an adjustable door or valve, P', in the chute, P, which may be operated by the screw, P2. By adjusting the valve, P', the discharge of the denuded seed may be regulated-that is, the seed may be held back just enough to keep the space between the delinting-drum and the perforated cylinder well filled and in position to be acted upon.

"The end pieces, E and E2, are solidly attached to the framework by the bracket-pieces, E' and E3. (See Fig. 1.) The cylinder, K, and the casing, N, N', are firmly fixed to said end pieces, E and E2.

"To operate my machine, the seed covered with lint is placed in the chute, S, and falling upon the worm, S', is fed along into the space between the delinting-drum and the perforated cylinder, K, and there acted upon, being carried around the said drum and gradually forced in a longitudinal direction toward the discharge-chute, P. As the seed is forced along it is subjected to the abrading action of the corundum wheels, C, C, and also to the action of the teeth or stirrers, D', D', on the disks, D, D.

"The end disks, M, M2, Fig. 1, are provided with a series of recesses or pockets, M', M' (see Fig. 6), which are used for inserting lead for the purpose of balancing the delinting-drum.

"To prevent the accumulation of dust, etc., between the end disk, M, and the headpiece, E2, I have an opening, H, in the headpiece, E2, and a scraper, H'. This scraper, H', bears against the face of the end disk, M, and rubs off the dust, forcing it out through the opening, H.

"I claim

"(1) In a delinter, a rotating drum and a perforated cylinder surrounding it, said drum and cylinder being shaped with relation to each other as shown and described, whereby a chamber is formed surrounding said drum tapering in size from the inlet to the outlet, in combination with means for creating suction about said chamber, and feed and delivery devices, substantially as set forth.

"(2) In a delinter, a rotating drum, and a perforated cylinder surrounding it, the perforations in said cylinder being larger at the inlet than at the outlet, and said drum and cylinder being shaped with relation to each other as shown and described whereby a chamber is formed surrounding said drum and tapering in size from the inlet to the outlet, in combination with means for creating suction about said chamber, and feed and delivery devices, substantially as set forth.

"(3) In a delinter, a rotating drum and a perforated cylinder surrounding it, the parts being so proportioned that the seed-space between them decreases from the feed to the delivery end; combined with a chamber surrounding the cylinder, means for creating suction therein, and means for forcing the seed while in transit against said drum, substantially as and for the purpose set forth.

"(4) In a delinter, a horizontal rotating drum, and a perforated cylinder surrounding it and having its perforations decreasing in size from the feed toward the delivery end; combined with a chamber surrounding the cylinder, and means for creating a suction therein, substantially as and for the purpose set forth.

"(5) In a delinter, a rotating drum, and a cylinder surrounding the same and provided with perforations decreasing in size toward the delivery end, the parts being so proportioned that the seed-space between the drum and cylinder also decreases in size from the feed end toward the delivery end; combined with a chamber surrounding the cylinder, and means for creating a suction therein, substantially as and for the purpose set forth.

"(6) In a delinter a rotating delinting-drum, a fixed perforated cylinder surrounding said drum, a headpiece as E2 having a dust-opening as H provided with a scraper adapted to remove dust from the end of the delinting-drum, substantially as and for the purpose set forth.

“(7) In a delinter, a delinting-drum consisting of a series of corundum wheels and disks having teeth, said teeth having the form of irregular hexahedrons the working faces of which are inclined to the line of their motion whereby they act as stirrers, rubbers and feeders, substantially as and for the purpose set forth.

"(8) In a delinter, a horizontal, self-feeding, delinting-drum inclosed in a perforated cylinder; and a seed-escape passage arranged tangentially to the said perforated cylinder; and a regulating-valve swinging upon an axis parallel to the axis of the said cylinder, and having its free end adjustably held; and mechanism for adjusting the said valve, substantially as and for the purpose set forth.

"(9) In a delinter, a rotating delinting-roll, consisting of a series of grinding. wheels, and a series of stirrers, each stirrer having one or more teeth, one or more faces of each tooth being inclined with relation to the axis of the roll, as described, and a perforated cylinder surrounding said roll, said roll and said

cylinder being shaped with relation to each other, as shown, whereby a chamber is formed surrounding said roll and tapering in size from the inlet to the outlet, and the seed in process of delinting is forced during said process toward said outlet, in combination with feed and delivering devices, as set forth. "In testimony whereof I have signed my name to this specification, in the presence of two subscribing witnesses, on this 2d day of December, A. D. 1898. "William C. Baxter.

"Witnesses:

"Frank G. Parker,

"Frank G. Hattie."

Robert P. Hains, for appellant.

T. C. Catchings, for appellee.

Before McCORMICK and SHELBY, Circuit Judges, and PARLANGE, District Judge.

SHELBY, Circuit Judge. The bill beginning this suit was filed by the complainant (appellant here), an Arkansas corporation, against the defendant (appellee here), a Mississippi corporation. The complainant is the owner of patent No. 503,103, of date August 8, 1893, for a new and useful improvement in methods of and apparatus for delinting cotton seed, and known as the "Thomas Delinter." It alleged that the defendant had infringed the patent of the complainant by making, using, and leasing, and offering to lease, a machine known as the "Baxter Delinter," patented October 16, 1900, as shown by letters patent No. 659,840. The complainant prayed for damages for the alleged infringement and for a perpetual injunction. The defendant answered that the Thomas patent was not valid, and that it had been anticipated in whole or in part by 18 other patents named, and admitted the making and leasing of the Baxter delinter, but denied that in doing so it had infringed the rights of the complainant, and denied that the Baxter delinter was substantially the same as the Thomas delinter in purpose, construction, or operation.

The Circuit Court dismissed the bill, denying the complainant any relief, and an appeal was taken to this court. It is assigned, with proper specifications, that the Circuit Court erred in the decree dismissing the bill.

There are two questions to be decided: (1) Is the Thomas delinter patent valid? (2) Has the defendant infringed that patent?

1. It is matter of common knowledge that when cotton is passed through the gin, while the long lint is separated from the seed, there is left clinging to the seed a short lint. This short lint has some value when separated from the seed, and its separation adds to the commercial value of the seed. It has been evident for many years that a machine that would rapidly and economically delint cotton seed would be of great value. Before the invention of the Thomas delinter several delinting machines had been patented, but an examination of them shows that they differ in many material particulars from the Thomas machine, and, so far as appears from the record, not one of them was successful in its operation. We shall have occasion later to refer to them again. A Thomas delinter was exhibited to the trial court and to this court at the hearing. Its several parts are shown in the drawings accompanying the patent. Any description we may be able to give will be greatly