any movement of one spindle will produce a corresponding movement in the other, and the two attached plates, y, y, will always move together equally. "We will next proceed to describe the operation of our machine. As already described, the guiding-tool and cutting-tool are so connected that any movement of one will be faithfully duplicated by the other, the said movement being wholly unrestricted in direction, and limited only in extent. The preferred cutting-tool, R', is a sphere pierced by a cylindrical hole of diameter smaller than the sphere, tangent to the sphere at one point, and two of the edges of the hole thus formed being made cutting-edges, and the rest of the spherical surface cut away to form a clearance, while the guiding-tool is necessarily of the same outline as the cutting-tool before the hole and cutting

edges are formed in the latter. For carving objects in high relief-groups of statuary, figures, etc.-we place the model or pattern upon the plate, y, under the guiding-tool, and fasten the screw-point, y3, firmly into the top of the corresponding vertical spindle, Z, and into the base of said model, as clearly indicated at the right in Fig. 15, and, if necessary, additional screws may be inserted from below the plate, through the slots, y2, therein, into the base of said model or pattern, and then upon the other plate, y, below the cutting-tool, the block to be carved is similarly secured (said block being preferably roughly cut into the general outlines of the model, so as to remove wholly the superfluous material), and then the guiding-tool is held by the operator and passed over the model, so as to bring it into contact with every portion of the surface thereof, the cutting-tool making the same motions simultaneously, and as the latter is revolved at the necessary speed (according to the material being carved) by means of the power transmitted through the belt, X', flexible shaft, X, and attachments, the said tool will cut out the block into the exact configuration of the model. When the surface nearest the operator is entirely carved, he has only to grasp one of the gear-wheels, Z2, and give it a slight movement, to bring a fresh surface of both model and block before him, and thus he can always work to the greatest advantage with the part of the model to be copied and block to be carved directly in front of him. When a panel, bas-relief, or other flat object is to be carved, the model and block are simply fastened in place on the table, Y, and carved as before, except that in such instances the said model and block do not have to be rotated. In case a very long object is to be carved, we find it expedient to remove the screw-points, y3, and employ an auxiliary table (merely a flat board) placed on top of the table, Y, and with the model and block secured to said auxiliary table, so that the design can be copied in sections within the limits of movement of the tool-rod and attachments; and, in order to insure the perfectly-straight movement of the auxiliary table when it is to be moved to bring a fresh section into place, we prefer to employ an ordinary adjustable gauge of any suitable construction, as shown at Y' in Figs. 2 and 3, to make a straight-edged guide for said auxiliary table. When operating on long pieces whose periphery is to be carved-as, for example, furniture-legs, stair-posts, canes, umbrella-handles, and the like— a modification in the arrangement of the operating-table is necessary, and illustrated in Figs. 18, 19, and 20. This change is practically merely substituting a vertical position of the parts for their former horizontal position, and vice versa; the gear-wheels, Z2, Z2, and intermediate gears, Z', and plates, y, being vertically arranged, while the spindles, Z, and shaft, b3 (which takes the place of b3), are now horizontal. When the model and piece to be carved are of moderate length, no further support than that offered by the screw-points, y3, and screws through the slots in the plates, y, is necessary; but, if the said model and block are unusually long and heavy, it becomes essential to provide a support for their opposite ends, as indicated in Figs. 18 and 20, and to this purpose (and to further provide for varying lengths of the articles to be carved) the upper surface of the table, Y2 (which takes the place of table, Y, and rests on the longitudinal timbers, ` B′ B'), is provided with two longitudinal T-slots, y4, y4, which receive tongues b4, depending from the bases of the boxes b2, and similar tongues b3, depending from the bases of the foot-stocks be, which carry the centers b7, so that the said foot-stocks may be moved within the said slots to any point to or from the plates y necessary on account of the length of the model and block and then fastened at the desired point by tightening the T-bolt bs, as shown best in detail view, Fig. 20, while by reason of the described slots, y, the centers, y3 and b7, will always be kept in line. For greater convenience in operating the gears, Z2, Z2, to turn the model and block, the shaft, b3, of the intermediate gear, Z', is extended to beneath the front of the table, Y2, and there supported in suitable bearing, bo, and provided with a hand-wheel, b10.

"In order to accommodate the table, Y2, to work which is so long as to require to be done in sections, the said table may be grooved, as at y5, on the under side, so as to rest upon suitable tracks, B3, secured to the upper surfaces of the timbers, B', and thus the table may be moved back and forth, after the fashion of the auxiliary table hereinbefore described, for accom

plishing a like purpose with flat work, the described grooves and tracks serving the purpose of the gauge, Y', in section work.

"While we have described our two parallel motions as 'vertical' and 'horizontal,' respectively, this was merely for convenience, and we wish it understood that our said combined two motions may be suspended at any variation to a right angle found convenient in any given instance, or that either motion may be suspended at any desired inclination."

The claims in patent No. 443,802, of which infringement is alleged, are numbered and read as follows:

"(8) In a carving machine, the combination with a suitable supportingframe, of a tool carriage, a parallel motion connected therewith, and so constructed as to permit the free movement of said tool carriage while the latter is kept constantly parallel to a fixed line, a guiding tool and a cutting tool connected with each other and with the tool carriage by a jointed connection, permitting the simultaneous movement of the same, and permitting the inclination of the cutting tool at a varying angle to the tool carriage, and mechanism for imparting motion to the cutting tool, substantially as and for the purposes set forth.

"(9) In a carving machine, the combination, with a suitable supporting frame, of a tool carriage, a parallel motion connected therewith, and so constructed as to permit the free movement of said tool carriage while the latter is kept constantly parallel with a fixed line, a guiding and cutting tool connected with each other and with the tool carriage by a universally-jointed connection, permitting the simultaneous movement of the same, and the inclination of the cutting tool at any angle to the tool carriage, and the mechanism for imparting motion to the cutting tool, substantially as and for the purposes set forth."

“(12) In a carving machine, the combination, with a suitable frame, of a tool carriage, a parallel motion connected therewith, a guiding tool and a cutting tool pivotally connected with the tool carriage, a connection from one tool to the other, and a flexible power-transmitter connecting the cutting tool with a source of power, said parts being arranged substantially as set forth, whereby the movement of the guiding tool over a pattern is caused to produce like movement of the cutting tool, and said cutting tool is rendered capable of inclination.

"(13) In a carving machine, the combination, with a suitable frame, of a tool carriage, a parallel motion connected therewith, a guiding tool and a cutting tool connected with the tool carriage by a universal-joint connection, and connected with each other so that the movement of the guiding tool over a pattern shall produce similar movements in the cutting tool, and a flexible power-transmitter connecting the cutting tools with a suitable source of power, substantially as and for the purposes set forth."

"(19) In a carving machine, the combination, with a suitable frame, of a tool carriage, a parallel motion connecting the same with said frame, connected guiding and cutting tools having a jointed connection with the tool carriage, permitting their simultaneous movement and the inclination of the cutting tool to said carriage, mechanism for imparting motion to the cutting tool, and a sliding work support or table, substantially as and for the purposes set forth.

"(20) In a carving machine, the combination, with a supporting frame, of a tool carriage, a parallel motion connecting the same with said frame, connected guiding and cutting tools having a universal joint connection with said tool carriage, and a sliding work support or table, substantially as and for the purposes set forth.

"(21) In a carving machine, the combination, with a suitable supporting frame, of a tool carriage, a parallel motion connecting the same with said frame, connected guiding and cutting tools having a jointed connection with the tool carriage, permitting their inclination thereto, a flexible power-transmitter connecting said cutting tool with the source of power, and a sliding work support or table, substantially as and for the purposes set forth.

“(22) In a carving machine, the combination with a supporting frame of a tool carriage, a parallel motion connecting the same with said frame, connected guiding and cutting tools having a universal joint connection with

said carriage, a flexible power-transmitter connecting said cutting tool with a source of power, and a sliding work support, substantially as and for the purposes set forth."

The machine used by the defendant, constituting the alleged infringement, is made in substantial conformity with letters patent No. 571,535, issued to E. Lochman November 17, 1896. The answer denies infringement of the Smith and Post patents, denies invention in either patent, and sets up numerous patents and publications by way of anticipation.

The Lochman device is shown in vertical section (Fig. 1) and side elevation (Fig. 2) as follows:

E. H. Bottum, for appellant.

Lysander Hill and Curtis T. Benedict, for appellee.

Before JENKINS and BAKER, Circuit Judges, and SEAMAN, District Judge.

SEAMAN, District Judge (after stating the facts as above). The appellant's bill alleges ownership and infringement of two letters patent, Nos. 443,802 and 447,796, both issued to Thomas L. Smith and Paul W. Post, as inventors, and the answer raises the issue of title.