is a side elevation of Bundy's key, showing an arbitrary number on the so-called "bit," 21. Fig. 5 is a sectional elevation of the recording mechanism, the front being removed, and the hour and minute wheels and the means for actuating them being also left off, and showing in dotted lines the position assumed by the hammer and helve, and their operating mechanism, when a key is turned, and just at the instant when the hammer is about to be released by a slight, further movement of the key. Fig. 10 is a front elevation of the key locking pawl, the parallel bars supporting it, and the shaft to which said bars are secured. Fig. 11 is a side elevation of the pawl detached. Fig. 12 shows the key turned in the key holder, and the hammer in the act of making an impression.

Defendant's mechanism, like that of complainant's, consists of two parts, a large clock case, containing clock works, and a smaller machine within the clock case. Three drawings found below represent correctly the mechanism involved in the time recording apparatus carried within the clock frame, and show all the material parts of the machine, except the clock movement. These drawings are as follows:

The following are the material parts shown by these drawings: First. Hour and minute recording wheels, F and G, with type upon their peripheries representing the hours and minutes. Second. Synchronous mechanism between the clock movement, not shown, and the time-recording wheels, F and G, by which these wheels are actuated. Third. A recording strip, V, and an inking ribbon, W, which are fed forward by operation of the key each time it is inserted and pushed. Fourth. An impression mechanism consisting of the key, C, the arms, E, e, rocking bar, é, wheels, F and G, and the printing cushions, T, t. Fifth. The key, C, carrying the workman's number on its end, and having a fin or projection, c, on one side, as shown in Fig. 2. This key is inserted in keyhole, B, and is then pushed inward as far as it will go. This inward thrust of the key brings the workman's number on the key into alignment with the type upon the recording wheels, F and G. The same inward thrust causes the fin or ward, C, to strike arm, E, of rocking bar, e', and depresses it. Arm, e, being fixedly secured to rocking bar, e', is also depressed. In its downward course, arm, e, strikes against hour wheel, F, forcing it and the minute recording wheel, G, downward. The downward pressure upon the type-recording wheels being simultaneous with the thrust of the key, the workman's number and the type upon the time wheels are simultaneously pressed against the recording strip and inking ribbon and printing cushions, T, t, and effect the printing by force of the inward thrust given the key by the operator. The printing of the workman's number is done independently of the mechanism by which the type on the time wheels are made to print. The stem of the key, when pushed in, passes by the rim of the outer wheel until it strikes with its end against the recording strip and inking ribbon on the printing table or cushion, T. Were it not for the engagement by the projecting fin or ward of the key with the arm, E, the workman's number would alone be embossed or printed. The function of the fin, e, is, through connecting mechanism, to carry down the wheels, F and G, endwise, and press them against the same cushion simultaneously with the number on the end of the key. "Thus the key," says Mr. Barthel, the expert for defendant, "in de fendant's machine not only makes the imprint of its own number by the pressure of the hand, but it also presses the hour and minute wheels against the recording strip and printing table to produce a record of the time in connection with that of the key." The pressure upon the key by the hand of the operator is, however, applied to the time-recording wheels only through the rock shaft and arms, E, e, for the key does not come into direct contact with those wheels. The hammer-like force of the inward thrust of the key is transmitted to the recording wheels by the interposition of the rock shaft and its arms, with which the fin or ward of the key engages as it is thrust inward. But the defendant contends that, although its structure greatly resembles that of the complainant, yet they do not infringe, for the following reasons: (1) Because defendant does not use a turning key; (2) defendant does not use a key which carries a num ber on its bit; (3) defendant does not use an impression hammer. It is true that defendant does not use a turning key. It has sub

stituted for a turning key one which, instead of turning, performs the same functions by an inward thrust. The so-called "fin" is the equivalent of the ward upon Bundy's key. It does the same work by a thrust, which, in Bundy's machine, is done by turning. The ward or projection in each engages with other mechanism, and transmits motion or sets other, mechanism in motion. The defendant's key carries the workman's number upon the end of its stem, instead of upon a projecting piece of metal upon the side of its stem. The socalled "bit" of the complainant serves no other purpose than to carry the number so that, when the key is operated, the number will be in alignment with the time-recording wheels. The "bit" does not set in motion any other mechanism, and performs no function that is not performed by the end of the stem of defendant's key. The most insistent contention of the defendant is that it does not use the "impression hammer" of the Bundy patent. The fourth claim of the Bundy patent includes as an element "an impression hammer, operated by mechanism actuated by the ward of said key as it is turned." The contention is that Bundy is limited to an impression hammer operated by mechanism set in motion by the ward of a turning key, and that it is open to another to substitute for an impression hammer a different impression mechanism, and that it (the defendant) neither uses a hammer nor is its impression mechanism operated by mechanism actuated by the ward of a key "as it is turned." The difference between the two methods of printing is only this: First. Bundy prints by pressing his recording strip against the type, while defendant prints by pressing the type down upon the recording strip. That the printing is done by a blow delivered by Bundy's "hammer," and by pressure only in the device of defendant, is not material. Both methods of printing were well known, and one is the full equivalent of the other. The difference between the two methods is at last but of degree in force used. Both produce the contact necessary to make an impression. Second. The mechanism which operates the impression mechanism in Bundy's device is set in motion by a fin, ward, or projection of a key as it is thrust inward by the hand of the operator. The downward movement of the type-carrying recording wheels is transmitted to them through defendant's rock shaft and its arms which are engaged by the fin of its key as it is pushed in. It is true that this transmitted power only operates to print the hour and minute of the operation from the type carried by the type-recording wheels, for the number carried upon the stem of the operator's key is impressed upon the recording strip only as a result of the direct pressure of the operator's hand in pushing against the key. So far as the printing of the workman's number is done without the interposition of any other mechanism, the defendant possibly does not infringe. But so far as the key gives motion to other parts by which printing is done there is infringement, for to that extent defendant does use an impression mechanism actuated by the operation of the key. The complete impression mechanism of the defendant consists in the time-recording wheels, the rock shaft and its arms, E, e, and the key, C. The function of the impression hammer of the Bundy patent is to print upon the record