The essential features of this patent are a toothed cylinder, the spaces between the teeth being narrower than the thickness of a raisin seed, a single rubber roll adjacent to the toothed cylinder, by means of which the raisins are impaled upon the teeth and the seeds excluded therefrom, suitable feeding devices, and means for stripping from the toothed cylinder the seeds and pulp of the fruit.

The Crosby patent appears to be the first mechanism disclosed embodying the fundamental idea of impaling the fruit upon a se ries of closely-spaced teeth by an elastic or yielding body, whereby the skin of the fruit is ruptured, and, with the pulp, pressed into the spaces between the teeth, the seeds being held upon the points until specially removed. But this device proved ineffectual for seeding fruit in commercial quantities, and permitted undue waste of the substance of the fruit, with more or less cracking of the seeds. Nearly 30 years later La Due entered the field of invention, and, though following the ideas embodied in the Crosby patent, by employing a plurality of presser rolls, adjusted progressively nearer to the toothed cylinder, instead of the single presser roll, he produced a fruit-seeding machine capable of handling 5,000 pounds of fruit in an hour, with a saving of about 4.99 cents per pound over the processes previously in use. This great increase in speed and saving in cost brought the machine up to commercial requirements, and it may be practically considered the first successful fruitseeding machine. The fact that he succeeded where many failed, entitles him to a place among inventors. Bath Co. v. Mayor, 77 Fed. 736; Telephone Cases, 126 U. S. 1, 2, 8 Sup. Ct. 778; Loom Co. v. Higgins, 105 U. S. 580; Westinghouse Air-Brake Co. v. New York Air-Brake Co., 11 C. C. A. 528, 63 Fed. 962; Western Electric Co. v. Capital Telephone & Telegraph Co., 86 Fed. 769; Willcox & Gibbs Sewing-Mach. Co. v. Merrow Mach. Co., 93 Fed. 206.

The validity of the complainant's patent having been determined, the decision of the court must depend upon the question of infringement.

It appears that respondents' machines were made in accordance with letters patent of the United States numbered 608,108, granted on July 26, 1898, to Cary S. Cox, of Fresno, Cal., and to the Phoenix Raisin-Seeding & Packing Company, as assignee of onehalf thereof, excepting that the roller made up of serrated disks, termed a "seed loosener," and shown in Fig. 8 of the patent, was not in respondents' machine. The specifications and drawings of the Cox patent are as follows:

"Be it known that I, Cary S. Cox, residing at Fresno, in the county of Fresno and state of California, have invented certain new and useful improvements in raisin seeders; and I do hereby declare the following to be a full, clear, and exact description of the invention, such as will enable others skilled in the art to which it appertains to make and use the same:

"This invention relates to a machine or apparatus for seeding raisins; and it consists, essentially, of a pair of rolls operated to turn towards each other, and one of which is provided with impaling projections so closely arranged that. while the pulp of the fruit is forced into the same, the seeds, being hard and of too great size to enter the dividing spaces, remain at the projecting ends or

points thereof, and are thus thrust through the skin of the fruit, which breaks to allow their exit, and are afterwards removed by auxiliary devices, which will be hereinafter fully set forth, and forming the gist of this invention; the said impaling devices being acted upon by suitable strippers, located at a proper point, to release the raisins from the roll after they have been seeded. The invention further consists in the details of construction and arrangement of the several parts, which will be more fully hereinafter described and claimed. The present invention, as all others of this class, is based upon the principle established by the mechanisms shown and described in the patent to J. B. Crosby, No. 56,721, dated July 31, 1866, and in view of which other inventions have been invented by me, and it is intended that the present device add still further to the improvements. It is the object of the present invention, therefore, to render devices of the character specified more positive and satisfactory in their operation through the medium of attachments which will facilitate the thorough seeding of the raisins, and conveniently separate the seeds from the pulp; the parts being simple and effective in their construction and operation, strong and durable, easily and readily operated, and comparatively inexpensive in cost of manufacture. In the accompanying drawings, Fig. 1 is a side elevation of a machine embodying the invention, showing parts in dotted lines. Fig. 2 is a front view of the machine. Fig. 3 is a detail view of the hopper used in connection with the device. Fig. 4 is a detail view of the seed loosener. Fig. 5 is a detail view of the stripper. Fig. 6 shows detail views, in edge and front elevations, of plates used to secure adjustment of the bearings. Fig. 7 is a detail view of one of the bearings. Fig. 8 is a vertical longitudinal section on the line, y, y, Fig. 2. Fig. 9 is a transverse section on the line, x, x, of Fig. 1. Referring to the drawings, wherein similar numerals of reference are employed to indicate corresponding parts in the several views. the numeral 1 designates an adjustable metal frame constructed with openings and supports for the adjustment and proper positioning of the several rolls and incidental devices, which will be presently more particularly referred to. In the center of the frame is mounted an impaling or perforating roll, 2, having peripheral projections arranged closely together and circumscribing the entire roll. Engaging the said impaling or perforating roll is an upper rubber frictional roll, 3, both of said rolls being driven towards each other, and at their point of engagement, or near the same, the lower end of a chute, 4, is directed, which leads from the bottom of a hopper, 5, positioned at the upper portion of the machine, and having therein a feed roller, 6, from which, at regular intervals, feeding projections extend of a length sufficient to draw the raisins around towards the bottom outlet of the hopper. Coacting with the impaling or perforating roll, 2, are adjacent holding rolls, 7, adjustably mounted, and below the lowermost holding roll, 7, is a seed loosener comprising a shaft, 8, on which are a series of serrated disks, 9, spaced apart from each other a suitable distance by intermediate washers, 10. These serrated disks are loose on the shaft, 8, and have an independent movement. Surrounding the shaft, 8, is a coil spring, 11, which exerts a tension on the disks, and is adjustable through a nut, 12, to increase or decrease the said tension, the said nut being movable on a screw-threaded surface, 13. These seed-loosening disks strike and are carried around by the impaling or perforating roll, 2, and clear out the seeds by a dragging movement, and cause them to fall away from the impaling or perforating roll. To further cleanse and remove the seeds, a knife, 14, is positioned in advance of the seed loosener, and is gaged to a line with the plane of the outer terminating ends of the devices carried by the impaling or perforating roll. Above the said knife, 14, a shaft, 15, is mounted in the frame, 1, and carries a series of strippers, 16, which bear against the roll. 2, between the peripheral projections thereon, and strip the latter of the seeded pulp. The bearings of the shafts are made adjustable by means of sleeves, 17, having outer rectangular heads, 18, and made adjustable in the openings in the machine frame, and in said openings, on opposite sides, metal plates, 19, are mounted, and carry set screws, 20, which engage the sleeves or boxes, 17, and are used for adjusting the said sleeves, and consequently the rolls or rollers used therewith. These plates, 19, slip in from either side in a groove, and, while they hold the rolls in perfect adjustment, they can at any time be removed by loosening the set screws for the purpose of disconnecting the rolls for the purpose of cleaning or

repairing the same. If the seed loosener does not completely remove the seed from the pulp, the knife in advance of the same will fully complete this oper ation, and it will be understood that the serrated disks not only break the skin of the fruit and pull away the seeds that may have been forced out by engagement with the projections of the impaling or perforating roll, 2, but also attack the pulp in such manner as to loosen up the seed which may still remain therein. In their operation the seed looseners operate between the projections of the said impaling or perforating roll, and by an independent motion cause the seed to be pushed to the outer terminations of the said projections, and to be taken off by the knife. It is obviously apparent that many minor changes in the details of construction, proportions, and dimensions of the several parts might be made,

and substituted for those shown and described, without in the least departing from the nature or spirit of the invention.

"Having thus described the invention, what is claimed as new is: (1) In a machine of the character described, the combination of an impaling or perforating roll, adjustable rolls coacting therewith, a seed loosener, comprising a shaft supporting a series of independently movable serrated disks, a knife in advance of said seed loosener, and stationary strippers for removing the pulp

from the impaling or perforating roll, substantially as described. (2) In a machine of the character described, the combination of an impaling or perfo rating roll having peripheral projections, a hopper with a feed roll, a chute leading from said hopper to the impaling or perforating roll, a roll above the impaling or perforating roll and coacting therewith, adjustable side rolls, also coacting with the impaling or perforating rolls, a seed loosener consisting of a shaft supporting a series of serrated disks having independent movement on said shaft, a spring engaging said disks and having an adjusting nut bearing thereon for regulating the movement of the disks, a knife in advance of said seed loosener, and strippers to engage the impaling or perforating roll, substantially as described."

Omitting from the Cox patent the device termed a "seed loosener," a reading of the claims and specifications, and examination of the drawings, readily show that not only the general appearance of the machines, but, with certain exceptions to be noticed hereafter, the various parts and the results of their operation, are almost identical. In complainant's machine there is a carrier for conveying the fruit, which is provided with a series of teeth spaced to engage the seed of the fruit. In respondents' machine this mechanism is described as an impaling or perforating roll. In complainant's patent there are two or more rolls adjusted at different distances from the car rier, and successively acting by pressure to partially impale the fruit on the carrier teeth, and rupture and displace the skin of the fruit lying over the seed, preparatory to removing the seed. In respond ents' machine there are adjustable pressure rolls, coacting with the impaling or perforating rolls, which perform substantially the same function as the corresponding rolls in complainant's patent. Consid ering the pressure mechanism, we find that in the claims of complainant's patent the character of the material forming the different pressure rolls is not specified, except in claim 3, which describes the second roll of the pressure mechanism as "a brush roll acting to rup ture the skin of the fruit lying on, and to force the same off, the seed, substantially as set forth." In construing a patent, if explanation is required, the entire description of the invention is applicable to the true interpretation of the claims. 2 Rob. Pat. § 745; Johnson v. Root, 1 Fish. Pat. Cas. 351, Fed. Cas. No. 7,411.

If a claim of a patent contain the phrase, "substantially as de scribed," or its equivalent, the entire specification is entitled to be considered in connection with the claim. The third, fourth, and fifth claims of complainant's patent conclude by a reference to the specifications, "substantially as set forth." Accordingly, examining the explanation of the drawings, we find that "12 is a removable brush roll, journaled in brackets or other like supports fixed to the machine, and which roll is the impaling roll, or the one which forces the fruit upon the teeth of the carrier; the roll being so adjusted relatively to the fruit-carrier surface, and the character of its surface of fiber, bristles, or other yielding substance being such, that the fruit is impaled upon the teeth without being, at least to any essen tial extent, ruptured by the action of the roll." And again: "13 is a similar roll, similarly mounted, and the bristles or oper ative surface of this roll may be stiffer or less yielding than that of the roll 12." Also: "14 is a similar roll, similarly supported on the frame, the brush or yielding surface of which," etc. This language

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