226 Reporter's Statement of the Case capable of both a rotating and limited longitudinal movement. When the cartridges are exhausted in the clip the follower raises the hook 18 on the rod 15 until the hook is in the path of reciprocating movement of the breech operating knob 22. The next time the breech is opened the rearward movement of the bolt to a predetermined distance carries the knob 22 to the rear and engages the hook 18, moving the rod 15 sufficiently far to the rear with it to unhook the clip latch from the clip, which is then automatically ejected by the clip discharge mechanism. The lower end 3 of the clip latch projects outside of the magazine chamber and forms a finger piece by means of which the rifleman may unlatch and discharge the clip prior to the exhaustion of the cartridges therein. The Von Frommer disclosure differs from the semi-automatic rifle disclosed in the Pedersen rifle patent in that it has no bolt stop, and the reciprocating breech bolt is moved to the rearward position by the rifleman instead of being actuated by the energy derived from the explosion of the cartridge. 37. The Von Frommer patent discloses a rifle in which the clip discharge mechanism is self-acting or automatic in operation and is controlled by the exhaustion of cartridges in Reporter's Statement of the Case 109 C. Cls. the clip, and by a subsequent positioning of the breech bolt rearwardly. Claims 33, 34 and 35 of the Pedersen rifle patent are anticipated by the Von Frommer disclosure. 38. Gundlach et al. (German) patent No. 61,213.—This patent (defendant's exhibit 44; translation, defendant's exhibit 44a) shows and describes a hand-operated rifle having a manually operated reciprocating breech bolt with a receiver having a magazine chamber located beneath the breech action. Fig 2 a Figure 2, Gundlach et al. patent. As shown in Fig. 2 of the drawings of this patent reproduced herewith, the rifle has an en bloc clip open at the front, top and bottom, containing a stack of cartridges. A latch is pivotally mounted adjacent the rear of the clip for holding the same in position in the magazine chamber. A follower or cartridge feeding means, which is urged upward by some conventional means such as a spring plunger (not shown), is pivotally mounted forward of the clip, pressing against the lowermost cartridge of the stack to feed the cartridges upwardly. The follower is connected by a link d to the bottom end of the clip latch. The length of this link and its pivotal connection b1 with the lever b is such that upon the exhaustion of the cartridges in the clip the latch c is actuated into its clipreleasing position. A kicker spring f is fastened to the front end of the follower near its pivot point and presses against the bottom of 226 Reporter's Statement of the Case the clip. This kicker spring will act to eject the clip following exhaustion of cartridges in the clip and the subsequent uncovering of the clip by the rearward positioning of the breech bolt. It is questionable whether the kicker spring could be made flexible enough to bend sufficiently at its point of attachment to the follower when the latter is in its highest position and still engage the bottom of the clip with sufficient force to eject the clip. The specification however suggests an alternative structure in that, in lieu of the kicker spring being mounted or attached to the follower, it may instead be separately mounted on the floor or bottom a of the magazine chamber. This mounting of the clip discharge mechanism separate from the cartridge feeding means, as suggested by the text of this patent, is shown by a blue ink line ƒ on Fig. 2 of defendant's exhibit 44. Such a structure would be operative. 39. This prior art patent discloses to those skilled in the art a gun having a breech action comprising a reciprocating bolt and magazine chamber containing a clip of cartridges, clip discharge mechanism tending to discharge said clip, a latch for restraining the discharge of said clip and a cartridge feeding means separate from such clip discharge mechanism, acting upon exhaustion of the cartridges in the clip to release the latch and to permit the discharge of the clip by the clip discharge mechanism. Claims 25, 29 and 39 are anticipated by the disclosure of the Gundlach et al patent. 40. United States Patent to Von Wehrstedt No. 468,394.The disclosure of this patent (defendant's exhibit 43) is summarized in the following statement taken from the introductory portion of the specification: This invention relates to improvements in breechloading magazine fire-arms, and more especially to the magazine thereof, and has for its object the provision of means for the use of cartridge-holders containing a sufficient number of cartridges to load the magazine, said holder, with its contents, to be introduced into the magazine; also, the provision of feeding devices to feed the cartridges from the holder in the magazine to the receiver, and ejecting mechanism for ejecting the empty Reporter's Statement of the Case 109 C. Cls. holders from said magazine, said ejecting mechanism being timed in its operation to eject the holders when all of the cartridges thereof have been exhausted; also, of means for guiding the bullet end of the cartridges as they are fed from the holder to the receiver; also, of means for unlocking the holder by hand. The mechanism disclosed in the various drawings of this patent includes a gun with a manually reciprocated breech bolt moving back and forth above the magazine chamber. A sheet metal en bloc clip F is located in the magazine chamber, this clip being open at the front, top and bottom and loaded with a stack of cartridges. A latch G engages the top of the rear portion of the clip (see Fig. 2) and locks it in position. A spring loaded kicker lever E having a part es engages the underside of the clip and comprises a clip discharge mechanism for discharging the clip upwardly and out of the magazine. A follower for feeding the cartridges upwardly out of the clip consists of a spring loaded lever D having a part d' which directly engages the lower cartridge of the stack. Upon exhaustion of the cartridges in the clip the cartridge feeding means D rises to a position where a portion d of the feed-lever contacts with an inwardly extending shoulder of a lever g2, the rear end of which is secured to the clip latch. The lever g2 is then raised from the position shown in figure 2 of the drawings where the clip is latched to the position shown in figure la, where the latch is shown as released. This unlatching occurs upon the loading of the last cartridge into the rifle barrel by a forward motion of the breech bolt, the clip then being held in the magazine by its contact with the undersurface of the breech bolt. When the last cartridge has been fired and the breech bolt B1 moved rearwardly a sufficient distance to uncover the clip, the clip discharge mechanism or kicker then automatically discharges the clip. A finger-piece g3 forming a portion of the lever g2 which is attached to the clip latch G, extends outside from the magazine (see figs. 1, 2, and 6). Actuation of this fingerpiece operates the clip discharge mechanism to release and discharge the clip prior to the exhaustion of the cartridges in the clip. 226 Reporter's Statement of the Case This patent does not disclose a bolt stop. 41. The Von Wehrstedt patent discloses to those skilled in the art a breech-loading magazine gun having a reciprocating breech bolt, a magazine chamber which is adapted to contain a clip of cartridges, a latch for retaining the clip in position, clip discharge mechanism tending to discharge the clip, follower mechanism operating to feed the cartridges from the clip, the clip discharge mechanism being arranged to automatically discharge the clip upwardly out of the magazine chamber and past the breech action upon retraction of the breech bolt after the last shot is fired, and which is controlled by the exhaustion of cartridges in the clip and by the subsequent positioning of the bolt rearwardly in the receiver. Claims 25, 29, 33, 34, 35, and 39 are anticipated by the Von Wehrstedt disclosure. 42. United States patent to Lantz No. 477,128.—This patent (defendant's exhibit 46) discloses to those skilled in the art a gun having a reciprocating breech bolt located above a magazine chamber adapted to receive a cartridge clip loaded with a stack of cartridges, with means for feeding the cartridges from the clip and subsequently automatically ejecting the same. As shown in Fig. 2 reproduced herewith, the reciprocating breech bolt herein shown in closed position is retracted to open position by pulling rearwardly on the trigger-guard G against the spring G3. This retraction to the rear cocks the firing mechanism contained in the breech bolt. When the trigger-guard is released, the spring G3 returns it to its normal position shown in Fig. 2, and at the same time closes the breech bolt, feeding the top cartridge in the clip into the cartridge chamber of the gun barrel. The stack of cartridges is contained in a clip, the details of which are shown in Figs. 13, 14, and 15, also reproduced herewith. This clip, which is made of sheet metal, is open at both the front and rear ends and at the bottom. Its rear end is provided with a notch e2 for engagement with a clip latch f, and also a bar e3 which forms an abutment for clip ejection mechanism. The cartridges are urged upward in the clip by cartridge feeding means mounted on the gun inde |