1822. Evans V. Eaton. mortice, which renders it impossible for the arms to rise and fall of themselves, as the meal under them might increase or diminish; while in the Hopperboy of Evans the upright post is round, and it passes loosely through a round hole in the arms, which are carried round by two pieces of timber of the proper length, called leaders, which are inserted firmly into the upper part of the post, and attached at their ends by lines or small cords, to the corresponding ends of the arms. These lines and leaders being put in motion by the upright post, trail round the arms, which at the same time play loosely on the post, and rise and fall of themselves, as the meal under them increases or diminishes in quantity. And to make them press more lightly on the meal, and rise and fall with more facility, as occasion may require, a weight a little lighter than themselves, is attached to them by a cord which passes over a pulley in the upper part of the post. This weight nearly balances the arms, and enables them to play up and down much more easily and effectually. The counsel also produced a drawing of Evans' machine from the patent office, to show that his model was correct, and referred to the facts of the evidence in the record where the machine of Stouffer is described, and its properties and defects explained. He then proceeded to remark that the machine of Evans was obviously constructed upon a new principle, that the modus operandi was entirely new. The great object of both machines was to conduct the meal into the bolting chest, and to stir, turn, dry, and cool it on its way thither. The essential agents in this operation were the arms, which if they remained stationary on the post, as they must of necessity do in Stouffer's machine, could not possibly perform this operation to advantage They might sink down on the meal, as its quantity decreased, but could not possibly rise when it was increased ; consequently, when new meal was placed on the floor, the machine must be stopt, and the arms lifted up. Hence, its motion was unequal, and its operation necessarily very irregular and imperfect. It also required a hand constantly, or frequently, to be present, and thus increased the expense. Thus the condensation of the steam within the cylinder itself, in Newcomen's steam engine, cooled the cylinder improperly, wasted steam, made more fuel necessary, and rendered the operation of the machine imperfect, and too expensive. Here the similarity of imperfection is complete. Evans removed the imperfection of the Hopperboy, not by merely adding to its parts, but by introducing a totally new principle and modus operandi. He detached the arms from the upright post entirely, and carried them round by means of the leaders and lines which have been described, leaving them to play freely up and down on the post, so as to accommodate themselves to the decreasing or increasing quantity of meal under them; and their movement up and down, he facilitated, regulated, and rendered perfect, by means of the weight and pulley. The modus operandi of the two machines, consisted in the manner of carrying round the arms. This was 1822. Evans Eaton. 1822. Evans V. Eaton. the principle of both machines. That of Evans was new, and infinitely superior. So Watt remedied the defects of Newcomen's steam engine, by condensing the steam in a different vessel from the cylinder, and increased the effect by introducing the steam above the piston as well as below it. This was a new principle; and here again the resemblance between the two cases is complete. It being then clear that Evans had made a new invention as to the Hopperboy, and not merely what the law on this subject calls an improvement, and the cases showing that such an invention is the subject matter of a patent for an original invention; it follows that he might have obtained a patent for his invention as an original invention, and not merely as an improvement. This leads to the inquiry, for what was this patent granted? Was it for an original invention of his own, or for an improvement on Stouffer's invention ? We have the authority of this Court, in its former decision in this case, for saying that when we inquire what was granted, it is proper in the first place to ascertain what the grantee wished to obtain, and next, what the grantor had the intention and the power to give. What Evans wished to obtain, is fully and most explicitly stated in the concluding sentence of his specification. After describing, most fully and clearly, the structure, principle, and operation of his Hopperboy, he concludes thus, "I claim as my invention, the peculiar properties which this machine possesses, viz. the spreading, turning, and gathering the meal at one operation; and the rising and lowering its arms by the motion, to accommodate itself to any quantity of meal it has to operate on." Here it is manifest, that he describes the effect intended to be produced, which was the same in both machines; viz. the spreading, turning, and gathering the meal at one operation; and his modus operandi, for producing this effect, which was entirely new, viz. the rising and lowering the arms of the machine, by its own motion, so as to accommodate itself to the increasing or diminishing quantity of meal. For this modus operandi, this property or principle, he claims a patent. It is equally clear that the grantor of the patent intended to give what he thus asked for; that is a patent for this new principle. This appears from the special act of Congress, on which the patent is founded, and to which it refers; from the terms of the patent itself; and from the specification which is expressly incorporated into it, as one of its constituent parts. As a further illustration of this position, the most celebrated and important invention of modern times may be referred to, an invention which was destined to produce more important effects than any other single effort of the human mind. He alluded to the steam boat; that sublime conception, which had conferred so much glory on its author and his country. What was a steam boat, but a new combination of these well known machines, a boat, a steam engine, 1822. Evans V. Eaton 1822. Evans V. Eaton. and a flutter wheel, machines most familiar to all who knew any thing of such subjects. But they were so combined as to produce a new and most surprising effect, by a new modus operandi. This method consisted in attaching a steam engine and two flutter wheels to a boat of proper dimensions and strength, and arranging them in such a manner, that the flutter wheels were set in motion by the steam engine, and struck against the water, instead of being struck by it, as they are in a common saw mill. Thus striking against the water, they act as oars, or rather as paddles, and propel the boat forward. Now, what was there new in this machine? Not the instruments, but the manner of combining them, and their manner of operating produced by this combination; and yet no one has denied to the author of this beautiful and sublime idea the merit of an original invention, or called in question his patent, as a patent for an original invention. He, however, merely combined old machines, changing their forms and proportions so as to suit his new purpose. Evans not only combined old machines, but added new and essential parts, and by means of both produced a modus operandi altogether new, and highly useful. Upon what ground, then, can it be said that he is not an original inventor, when Watt was solemnly adjudged, and Fulton unanimously allowed to be so ? I therefore contend, that Evans was an original inventor, and not an improver merely; and that his patent is for an original invention, and not for an improvement. If so, the decision of the Circuit |