226 Reporter's Statement of the Case relation and adapted to be introduced with sair cartridges into the magazine chamber of the rifle, and a follower procided with means for presenting in the alternative a right or left handed stepped surface for engaging both rows of cartridges at the bottom of said stack. 2. In a magazine rifle in combination, a cartridge clip containing a double row stack of cartridges in staggered relation and adapted to be introduced with said cartridges into the magazine chamber of the rifle, and a follower providing a movable sten which is automatically shifted to right or left hand-position by its engagement with the bottom of said stack. 5. In a magazine rifle in combination, a cartridge clip containing a double row stack of cartridges in staggered relation, said clip being of symmetrical construction with respect to both a horizontal plane of symmetry and a vertical plane of symmetry, whereby said two rows of cartridges may be stacked therein with either row in a higher position than the other row, said clip being adapted to be introduced either side first into the magazine chamber of the rifle, and a follower provided with means for presenting in the alternative a right or left handed stepped surface for engaging both rows of cartridges at the bottom of said stack. 6. In a magazine rifle, in combination, a cartridge clip arranged to hold a double row stack of cartridges in staggered relation with either of said rows in the higher position, a bolt movable across the top of said stack for loading cartridges successively and alternately from each row and from the right and left sides of a central vertical plane through said stack, and a follower at the bottom of said stack provided with means for presenting in the alternative a right or left handed stepped surface for engaging both rows of said stack and feeding the same toward said bolt. The Alleged Infringing Structure 69. The structure alleged to infringe the claims of the third patent in suit, as set forth in the previous finding, is exemplified by a Garand, or M-1, clip loaded with dummy cartridges (plaintiff's physical exhibit 6) and the follower mechanism in a Garand rifle (plaintiff's physical exhibit 5). This Garand clip has been described in detail in finding 50 in connection with the second patent in suit, the Pedersen clip patent. It is therefore unnecessary to again describe the clip 772634-48 21 Reporter's Statement of the Case 109 C. Cls. in detail, it being sufficient to state for purposes of comparison that the Garand clip is adapted to contain a stack of cartridges in a double row with the cartridges in staggered relation, and the clip is of symmetrical construction both with respect to a horizontal plane of symmetry and a vertical plane of symmetry so that the two rows of cartridges may be loaded in a clip with either row in the high position, and the clip may be introduced into the magazine chamber of the rifle either side first. 70. The follower in the Garand rifle consists of an elongated plate which is urged upwardly inside of the clip by a follower spring for the purpose of applying pressure on the bottom of the stack of cartridges in the clip. This plate is provided on its upper surface with a longitudinal element mounted thereon so as to be capable of a free lateral shifting movement of a predetermined extent. This element is known as the follower slide. The sidewise motion of the follower slide is so limited and its height is such that it does not move sufficiently far off center to require a spring or equivalent centering means for returning to a neutral position. It is returned by contact with the inwardly curved portion of the bottom cartridge in the clip. Should the Garand clip be inserted into the magazine when the cartridges are loaded in the clip in the opposite manner from that illustrated in Figs. 2 and 3 of this exhibit, the right-hand row would then contact the plate or platform of the follower, and the follower slide would be shifted over to a left-hand or opposite position from that shown in these figures, where it would support the left-hand stack. 71. As constructed and used in the Garand rifle, the shifting follower slide has several intended functions not related to the plaintiff's patent claims. The evidence is in conflict as to whether or not it also operates as a movable step to support the high row of cartridges which is automatically shifted to a right- or left-hand position by its engagement with the bottom of the stack of cartridges in the clip when the latter is charged into the magazine. 226 Reporter's Statement of the Case Prior Art Relating to Pedersen Clip and Follower Patent 72. The following prior art was available to those skilled in the art more than two years prior to the filing date (February 14, 1929) of the Pedersen application which matured into the clip and follower patent No. 1,804,511: 73. United States patent to Lewis No. 283,122.—This patent (defendant's exhibit 57) discloses a cartridge holder or magazine box for use in a magazine rifle. Reporter's Statement of the Case 109 C. Cls. Figs. 2 and 3 of this patent, reproduced herewith, show respectively a longitudinal vertical section of the cartridge holder and a transverse vertical section through the rear end of the same. As disclosed in this patent, the cartridge holder contains a double row stack of cartridges arranged in staggered relationship. The cartridges are fed upwardly out of the cartridge holder by means of a follower. This is mounted on the top of a series of leaf springs, the follower and springs being contained in the bottom of the cartridge holder. As shown more particularly in Fig. 3, the spring mounting of the follower is sufficiently flexible to permit the same to be automatically tilted when the cartridges are loaded into the holder, this tilt being in a direction such as to automatically shift the follower into engagement with the bottom cartridge of the stack, irrespective of whether this is in a right or left-hand position. The pressure that feeds the cartridges upwardly through the cartridge holder is applied only to the bottom cartridge of the low row, and thereby tends to exert a wedging or rolling action of the cartridges upon each other. This patent does not disclose a clip symmetrical both with respect to a horizontal and a vertical plane of symmetry. The clip disclosed in this patent is capable of being loaded into the magazine chamber of the gun only one way. It does not disclose any follower mechanism which provides a stepped surface for supporting or engaging both rows of cartridges at the bottom of the stack. The terminology of claim 2 of the Pedersen clip and follower patent is not limited either to the symmetrical clip or to the shifting of a stepped surface for providing engagement with both rows of cartridges. The terminology of claim 2 is applicable to the structure disclosed in the Lewis patent and this claim is anticipated thereby. The only feature in claims 1, 5, and 6 of the Pedersen patent which was not anticipated by the Mondragon patent shown in finding 75 was the shifting and adaptable support for the upper row of cartridges. The Lewis patent disclosed a shifting and adaptable support which mere mechanical skill could have attached to the Mondragon follower to give 226 Reporter's Statement of the Case support to the upper row of cartridges. Claims 1, 5, and 6 of the Pedersen clip and follower patent are anticipated by the Lewis patent in combination with the Mondragon patent. 74. United States patent to Osborne No. 1,077,228.—Fig. 4 of this patent (defendant's exhibit 58) is reproduced herewith. It is substantially similar to that of Lewis referred to in the previous finding, in that it is a cartridge holder or magazine box containing two rows of cartridges in staggered relationship, which cartridges are fed upward by a selfcontained follower plate and spring. The follower plate is of an inverted V-shaped form which provides two sloping surfaces with a longitudinal apex on the center line. Only the lowermost row of cartridges is supported by the follower, and as in all such structures the upward pressure of the follower on the lowest cartridge tends to spread the cartridges sidewise and exert side pressure on the sides of the magazine. The follower of this prior art patent is guided vertically by the sides of the cartridge holder and there is no sidewise shifting movement of the follower or any portion thereof. |