pressure of its lower point overcomes the resistance of the bent end of the friction spring, by which the tongue is held in position at right angles with the upper side of the arm "with considerable force." The clip B is composed of the bent plate a, provided with the rubber block b and hinged or pivoted at a 2 to the upper end of the tongue in such manner as to swing laterally. When the trap is set the plate is at right angles with the arm and the rubber block parallel thereto, the block being within and against the periphery of the target on the side in the direction of the initial motion of the arm, and the opposite portion of the periphery resting on the stationary part A' of the trap, against the lip C. After the trap is sprung and during the accelerated swing of the arm centrifugal force acting upon the target and plate causes the latter to swing forward on its pivot, with the target bearing against the block, practically in the plane of motion of the arm, until the direction of such force approximately comes into line with the slot containing the tongue, when the same force acting upon the target and clip, the center of gravity of the two conjointly being above the hinge-pin or pivot e, overcomes the resistance of the friction spring and causes the upper portion of the tongue carrying the plate to move outwardly and downwardly through the slot, thus deflecting the plate and block from and impelling them below the plane of motion of the arm and permitting the target to escape from the trap. In the device shown in Figs. 3 and 4, a plate, having the button h pivoted upon it, is rigidly attached to the tongue c, which rests against the bent end of a friction spring. The tongue is pivoted in a slot in the sending-arm as in Fig. 2. When the trap is set the target rests on the plate, the button being within and against the periphery of the target in the direction of the initial motion of the arm. After the trap is sprung centrifugal force acting upon the target causes it with its own swing to turn the button on its pivot until, with the sweep of the arm, the same force acting upon the plate, tongue and target, is supposed at the proper time to overcome the resistance of the friction spring and cause the upper portion of the tongue to move outwardly and downwardly through the slot thereby deflecting and removing the plate and button from the plane of motion of the arm and allowing the disengagement of the target. In the device shown in Fig. 5, a plate j, is attached to the upper end of the bolt k, which passes through the end of the sending-arm and has the coil-spring 1 around it to act between the under side of the arm and the nut i. There is a transverse slot m in the arm adapted to receive the plate. The plate has arms of unequal length. When the trap is set the plate rests across the slot and on the upper side of the sending-arm and in line with it, the shorter arm of the plate being farther out on the sending-arm than the longer, and the plate being within and against the periphery of the target in the direction of the initial motion of the arm. After the trap is sprung centrifugal force acting upon the target is supposed to cause it to turn the plate until the latter reaches such position that the coiled spring will draw it quickly into the slot and thereby release the target. The device shown in Fig. 6 is so similar to that disclosed by Figs. 1 and 2 as to require no explanation here. Fig. 7 shows a device operating on the same

principle as that in Fig. 6, and varies from it only so far as to be adapted to throw "glass balls or other targets having small orifices." While these several devices, except the last, show a pivot or bolt on or about which the block, button or plate in contact with the periphery of the target swings or rotates through the action of centrifugal force, whereby during the sweep of the sending-arm the target acquires or has imparted to it additional rotary motion, they are essentially different from the Marqua mechanism, not only in their principle of construction, but in their mode of operation and in their efficiency. They do not present the same combination of parts or equivalent parts co-operating in substantially the same manner to perform the same function. Whether they can or cannot properly be said to disclose a pivoted carrier is not necessarily a controlling question in the case. It may involve merely a dispute about terms. Marqua's device was of a very meritorious character and his patent should be "construed in a liberal spirit to sustain the just claims of the inventor." Such liberality can within proper limits be displayed as well by resorting to a narrow construction to avoid anticipation, as to a broad one fully to secure to an inventor the fruits of his invention. It is true that it is not expressly stated in any of the claims of the Marqua patent that the target carrier or the target is to rotate in any given plane. But the claims must be read in the light of the description and drawings, and so read they cover mechanism adapted to impart to the target rapid axial rotation in the plane or substantially in the plane of motion of the sending-arm and to project the target from the trap without changing the plane of its rotation. Such rotation without change of plane is absolutely indispensable to a satisfactory flight. Figs. 1 and 2 in the Marqua patent disclose a pivoted carrier B, on which a target rests with its rim in a plane parallel to that of the motion of the sending-arm and so near it as to be practically in the latter plane. The periphery of the target is in contact with the guide-stops L L, and the spring S causes the tooth F to press on the upper side of the target. The target is thus securely held during the swinging of the sending-arm and until the moment of its disengagement in the proper plane. When the tooth F

rises the target escapes without any disturbance of the plane of its rotation. So in Figs. 3 and 4 of the same patent the target is securely held in the proper plane between the resilient clasping-arms G G until the moment of its disengagement and when these arms open the target is discharged without any such disturbance. It is obvious that such result cannot be accomplished by the device shown in Figs. 1 and 2 of the Stock patent. After the trap is sprung and until the disengagement of the target, while its periphery on one side is in contact with the rubber block b, there is no mechanism to hold the rim of the target in the proper plane. Gravity tends to cause the unsupported portion of the target to fall and the resistance of the air to its upper side by reason of its form probably has, within certain limits, the same tendency, when the sending-arm moves at only a slight angle to the plane of the horizon, and in so far as the rim of the target may approximate to the proper plane, the result is due to the overcoming to a greater or less extent of these tendencies

by centrifugal force. On the other hand, when the sending-arm moves at a considerable angle to the plane of the horizon, atmospheric resistance to the under side of the target has a tendency to raise the unsupported side of the target above the plane of motion of the arm and cause the target prematurely to escape from the trap. When the sending-arm in its sweep has reached that point where through centrifugal force the pivoted tongue c is about to overcome the resistance of the bent end of the friction spring f and fall forward and downward through the slot, the side of the rubber block b in contact with the periphery of the target is at a right angle to the plane of motion of the sending-arm, the periphery of the target, if it has not previously escaped, pressing against it through the action of centrifugal force upon the target. When the resistance of the friction spring is overcome the block moves downward with increasing rapidity, changing the angle of its side in contact with the target until from a right angle it becomes nearly parallel to the plane of motion of the sending-arm. During the forward and downward swing of the block, if the rim of the target be not broken, one or probably two things will occur further to disturb the plane of rotation of the target. Until the side of the block in contact with the target has so far approached parallelism with the plane of motion of the sending-arm as to permit the rim of the target to drag over that side, the downward motion of the block will through its frictional contact with the rim of the target carry the side of the rim with which it is in contact downward, substantially changing and further disturbing the plane of motion. As soon as the contactual side of the block reaches such a point in its descent as to permit the rim of the target to drag over and away from it without being broken, the rim, if the target be moving with sufficient velocity, will pass up at least a portion of the inclined plane of that side of the block, whereby the opposite side of the rim will be impelled downward, thus causing still another change in the plane of the target's rotation. Substantially the same faults are inherent in the device shown in Fig. 6 of the Stock patent; and such of these faults as arise from the escape of the rim of the target from a descending block inhere in the device shown in Figs. 3 and 4. It is unnecessary to discuss the device shown in Fig. 7 for reasons already expressed. Fig. 5 presents a device materially different in its construction and intended operation. It is not stated in the specification that the plate j is rigidly attached to the bolt k nor that while the sending-arm is swinging and before it reaches the point where the target should be disengaged a comparatively large proportion of its rim is not in contact with the upper surface of the arm. But that these are facts is plainly to be inferred from the drawing. The resistance of the air to the exposed portion of the under side of the target when the sending-arm moves at a considerable angle to the plane of the horizon has the tendency to force the target upward and cause its premature escape, although possibly in less degree than in the device shown in Figs. 1, 2 and 6. But, aside from this fault, the mechanism on its face as well as on the other evidence in the case must be held to be inoperative. The target is intended to be released by the dropping

of the plate j into the transverse slot through the action of the coiled spring 1 between the nut i and the under side of the sendingarm. If the pressure of the spring is sufficient to cause the plate to drop "quickly into the slot," as contemplated by Stock, it is difficult to conceive that the same pressure would not cause such frictional contact between the upper surface of the sending-arm and the under surface of the plate, and also between either the upper end of the spring and the under side of the arm or the lower end of the spring and the upper side of the nut, as effectually to resist the tendency of the plate to turn, as intended, through the action of centrifugal force upon it and the target in contact with it. On the other hand, if the pressure of the spring is not sufficient to cause the plate to drop quickly into the slot, but is slight enough to allow it to turn under the action of centrifugal force to the position where it was contemplated that it should drop therein, one or more of several things can hardly fail to happen. The plate may, if turning with sufficient rapidity relatively to the line of the sending-arm, jump the slot, and, unless the target has prematurely escaped, prevent its release or break its rim, or possibly through a disturbance of the plane of motion of the target by atmospheric resistance, as above mentioned, the rim of the target may drag over the ends of the plate, further disturbing its plane. So, in the device shown in Fig. 6 the toe o' may jump the slot d with similar results. If the plate drops into the slot comparatively slowly, the rim of the target will either be broken against the plate through the sudden arrest of the lateral motion of the latter relatively to the sending-arm, or will drag over its ends, losing the proper plane of rotation. The evidence fully supports these conclusions. The fault of the mechanism consists, not in defective workmanship, but in the principle of its construction. Mechanism having such vital defects cannot in any legitimate sense be called operative. Careful examination of the several devices shown in the Stock patent has satisfied me that by reason of the manner in which the target is released from a descending block or plate with which its periphery has been in contact through the action of centrifugal force, not only is the target, if disengaged unbroken, caused when entering upon its flight to rotate in a wrong plane, but its axial rotation is so slow and its projectile velocity so small and the direction of the flight so uncertain as to render these devices valueless. That no one of them possesses the same combination of parts as that disclosed in the Marqua patent and covered by claims 2, 3 and 5, or, indeed, by any of the claims, or of equivalent parts co-operating in substantially the same manner to perform the same function as the Marqua mechanism, namely, the projection of a target from a trap with axial rotation in the plane of motion of the sending-arm or in a plane parallel thereto, is clear from the drawings and description. The doctrine of equivalents certainly should not be strained in favor of the Stock mechanism. In view of the substantial difference in function between the two inventions, it is unnecessary to enter into a minute comparison of the several parts forming the combination in the one with those forming the combination in the other. The Stock claims are limited to mechanism by which the target is intend

ed to be released by the dropping of the part with which, through the action of centrifugal force, it is in contact, toward or below the plane of the upper surface of the sending-arm. No such feature is shown in or covered by the Marqua patent. The Stock mechanism itself discloses an invention different from that of Marqua. Neither the Stock patent nor his invention was an anticipation of the Marqua trap. It is proper to add that the patent was only a paper one. No traps were manufactured and sold under it. The invention was worthless. It was practically an unsuccessful and abandoned experiment. The conclusion reached on this branch of the case renders it unnecessary to consider the question of priority of invention as between Stock and Marqua.

The defendant claims that the Marqua invention was anticipated by certain mechanism invented by A. H. Hebbard and alleged to have been used at Knoxville, Tennessee, in the latter part of 1882. It is also contended that this mechanism included the pivoted carrier feature and was of such a character, even if not anticipating the Marqua patent, as to require the Marqua claims to be so narrowly and strictly construed as to negative infringement. Much evidence on this subject has been adduced on each side. It presents probably the most serious question in the case. It satisfactorily appears that Marqua conceived the idea of a carrier for a tongueless cup-shaped target pivoted to the outer end of the sending-arm and revolving on that pivot during the sweep of the arm, July 4, 1883; that thereafter during the same month he reduced his conception to a drawing plainly disclosing the parts and principle of the mechanism; that the mechanism so disclosed contained all the essential features of his invention as patented; that during or about October, 1883, he furnished a sufficient drawing of such mechanism to the witness Cook, who was a skilled blacksmith for the Marqua Manufacturing Company; that Cook commenced the construction of the mechanism dur ing or about November, 1883; and that it was completed and successfully used in public in March, 1884. Marqua applied for his patent April 11, 1884. The intervals which elapsed between the completion of the first drawing made by Marqua and the delivery of the drawing to Cook, and between the time of such delivery and the commencement of the work of construction by him, and between the time of such commencement and the completion of the mechanism, are also satisfactorily explained. The evidence shows that there was no abandonment or laches on the part of Marqua. The date of his invention, therefore, may be carried back to the end of July, 1883, if not earlier in that month. Did Hebbard before the end of July, 1883, form a complete conception of a pivoted target carrier and fully embody that conception in a drawing, model or otherwise? If he did, a further question will have to be considered on this branch of the case. If he did not, no invention he subsequently may have made could anticipate or otherwise affect the Marqua claims. In a suit brought in 1888, in the circuit court for the Northern district of Ohio, by the Peoria Target Company against the complainant herein, hereinafter referred to as the Peoria-Cleveland case, on the Stock reissue patent, No. 10,867, dated September 13, 1887, among