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Reporter's Statement of the Case

position with the magazine fully uncovered prior to the ejection of the clip, and the bolt is held in this open position with the magazine open and ready to receive a fresh clip of cartridges.

A manual release is also provided for the clip latch by which the shooter can release the clip from the gun at will whenever the breech is open. This manual release is actuated by the trigger 8. When the trigger is pushed forward, a train of mechanism acts on the rearward projection 132a of the clip latch 132 and pulls back the clip latch hook 132b, disengaging the hook from the clip lug 135, and releasing the clip. At the same time the clip latch moves the rear end 130a of the bolt stop upward to hold the bolt in its rear or open position.

28. This construction has important advantages due to the interrelation of the parts, some of which are:

The last cartridge which has been fired can be ejected cleanly without interference from a premature ejection of the clip.

The clip can be ejected cleanly without interference from the front end of the bolt or from the last cartridge in the process of being ejected.

The clip is thrown upwardly out of the magazine by the full force of the kicker, and so notifies the soldier that his gun is empty.

A weaker kicker spring can therefore be used and consequently less effort is required to insert the clip of cartridges. In the downward movement of the clip the rifleman has to overcome only the force of the magazine spring until just before the follower reaches its lowest position. This makes insertion of the clip easier because it is nearly in place before the maximum push is required.

29. The claims in suit of this patent are as follows:

24. In combination, a gun having a bolt movable back and forth therein, a bolt stop operable for holding said bolt in its rearward position, a clip of cartridges, a latch for retaining said clip of cartridges in position for loading, cartridge feeding means mounted on said gun independently of said clip, said cartridge feeding means acting upon the exhaustion of cartridges in said clip to

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release said latch and also actuate said bolt stop into its bolt holding position.

25. In combination, a gun, a clip of cartridges, means for retaining said clip in position for loading, clip discharge mechanism tending to discharge said clip from said gun, and cartridge feeding means acting upon the exhaustion of the cartridges in said clip to permit the discharge of said clip by said clip discharge mechanism.

29. In combination, a gun having a magazine chamber adapted to contain therein a clip of cartridges, clip discharge mechanism tending to discharge said clip from said chamber, a latch for restraining the discharge of said clip, and cartridge feeding means acting upon the exhaustion of the cartridges in said clip to release the latch for the discharge of said clip by the clip discharge mechanism.

30. In combination, a gun having a magazine chamber adapted to contain a clip of cartridges, a breech action comprising a reciprocating bolt, a bolt stop operable in position to hold the bolt when in its rear position, clip discharge mechanism tending to discharge said clip from said chamber, a latch for restraining the discharge of said clip, and cartridge feeding means, separate from said clip discharge mechanism, acting upon the exhaustion of the cartridges in said clip to release the latch and also to actuate the bolt stop into its holding position.

33. In a gun, in combination, a receiver, a barrel, a breech action, a magazine chamber in said receiver located below said breech action, a clip of cartridges contained in said magazine chamber, means appurtenant to said breech action for loading a cartridge from said clip into said barrel, clip discharge mechanism in position and arranged to discharge said clip upwardly out of said magazine chamber and past said breech action, said clip discharge mechanism having an automatic operation in discharging said clip controlled by the exhaustion of cartridges in said clip.

34. In a gun, in combination, a receiver, a barrel, a breech action, a magazine chamber in said receiver located below said breech action, a clip of cartridges contained in said magazine chamber, said breech action comprising a bolt reciprocable in said receiver forwardly and rearwardly above said magazine chamber for loading a cartridge from said clip into said barrel, clip discharge mechanism in position and arranged to discharge said clip upwardly out of said magazine chamber and past said breech action, said clip discharge mechanism having an automatic operation in discharging said clip con

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trolled by the exhaustion of cartridges in said clip, and also controlled by a subsequent positioning of said bolt rearwardly in said receiver.

35. In a gun, in combination, a receiver, a barrel, a breech action, a magazine chamber in said receiver located below said breech action, a clip of cartridges contained in said magazine chamber, means appurtenant to said breech action for loading a cartridge from said clip into said barrel, clip discharge mechanism in position and arranged to discharge said clip upwardly out of said magazine chamber and past said breech action, said clip discharge mechanism having an automatic operation in discharging said clip controlled by the exhaustion of cartridges in said clip, and manually actuated means to render said clip discharge mechanism operative in discharging said clip prior to the exhaustion of the cartridges in said clip.

39. In a gun, in combination, a receiver having a magazine chamber, a clip of cartridges contained in said magazine chamber, clip discharge mechanism tending to discharge said clip from said chamber, a latch for restraining the discharge of the clip, feeding means for the cartridges in said clip operatively mounted on said gun independently of said clip and arranged to release the latch upon the exhaustion of the cartridges in said clip.

The Alleged Infringing Structure

30. The Garand M-1 rifle alleged to infringe the claims set forth in the previous finding is exemplified by a Garand rifle, plaintiff's physical exhibit 5; a large colored chart, defendant's exhibit 6; a series of seven colored charts, plaintiff's exhibit 4, and two enlarged drawings relating more specifically to the parts herein involved, which drawings are in evidence as defendant's exhibits 8 and 9. These drawings have many of the various elements identified by similar reference characters to those used on the colored chart, defendant's exhibit 6, and in the following description these characters are used.

As is the case with the rifle disclosed in the Pedersen rifle patent, the Garand rifle is of the semi-automatic type and has a reciprocating breech bolt which moves back and forth across the top of the magazine, operating on its forward motion to select the top cartridge in a clip and force it into the barrel, and operating on its rearward movement to eject

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109 C. Cls.

the empty cartridge and cock the firing mechanism. Also, as in the Pedersen rifle patent, the breech bolt is urged forward by a spring and is moved rearward by energy obtained from the explosion of the cartridge.

As has been stated in connection with the Pedersen rifle patent, the mechanism by which such energy is applied to the breech bolt is not herein in issue. However, for a complete understanding of the Garand rifle, it is stated that there is located beneath the barrel of the rifle a cylinder and piston, the cylinder being connected to the rifle barrel through a port near the forward end of the barrel. When the gun is fired and during the period after the bullet has passed the port but before it emerges from the rifle barrel, gas pressure from the barrel passes into the cylinder and acts on a rearward extending operating rod, the rear end of which is connected to the reciprocating breech bolt. Due to the inertia of the parts, the gas pressure from the explosion functions to move the breech bolt rearward against the spring at about the instant after the bullet leaves the muzzle of the gun.

The bolt 15 which reciprocates in the receiver is adapted to rotate slightly about its longitudinal axis just before reaching its forward position, which rotation acts to lock the bolt by the engagement of locking lugs thereon which engage with mating shoulders formed in the receiver.

The reciprocating motion of the operating rod is imparted to the breech bolt by means of a projection on the latter, which engages in a recess in the former, and this connection, insofar as the reciprocating motion of the breech bolt is concerned, causes it and the operating rod to move together as a unit with the exception that there is about 16" play between the two members. A preliminary rearward movement of the operating rod acts through a diagonal cam slot on the latter to cause the breech bolt to first rotate to the unlocked position prior to its rearward movement with the operating rod.

The M-1 Garand rifle employs an en bloc clip containing two rows of cartridges in a staggered relation. A clip loaded with dummy cartridges is in evidence as plaintiff's physical exhibit 6. When the gun is loaded the clip is inserted in the magazine, together with the cartridges, similar to the loading operation disclosed in the Pedersen rifle

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patent, and the bottom cartridges rest upon a follower 48 which is urged upward by means of an operating spring to feed the cartridges into the top position of the clip ready to be pushed out of the clip and into the chamber of the rifle by the forward motion of the bolt. The follower is pushed upward by means of a pivoted lever or follower arm 47, which is urged both rearward and upward by means of a pivoted forked connection with the rear end of a follower rod 43 which is at all times urged rearward by means of the operating rod spring 41.

When the clip is inserted in the magazine the follower is depressed and the connections between the parts just described cause the operating rod spring to be more compressed.

31. The gun is provided with a clip latch 17 which extends along the outside of the left-hand side of the receiver and is pivoted on a longitudinal axis. The rear end of this element extends downward and inward through an opening in the side of the receiver, the inner end of this projection forming the latch proper. This portion is urged inwardly by means of a spring and is adapted to engage a recess on the side of the clip when the same is inserted in the magazine, thereby latching the clip in position. The front end of this longitudinal latch member also extends through the side of the receiver and is located below a hook projecting rearward from the operating rod catch member 20. When the operating rod catch rocks upwardly on its pivot for the purpose of locking the reciprocating bolt in the rearward position in a manner to be subsequently explained, this rearward extending hook portion presses down on the inwardly protruding forward end of the clip latch member, thereby rotating it about its longitudinal axis to withdraw the rear latch member and release the clip.

There is a thumb piece at the rear end of the clip latch and on the outside, by the movement of which the rifleman can manually rotate the clip latch member and release the clip latch.

There is a spring member or clip ejector 53 located at the bottom of the magazine chamber which throws the clip out when it is released, provided the bolt is in the rearward

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