Home/U.S. Circuit Court for the District of Northern New York/Howes v. McNeal

Howes v. McNeal

12 F. Cas. 715, 15 Blatchf. 103, 3 Ban. & A. 376, 1878 U.S. App. LEXIS 1879
CourtU.S. Circuit Court for the District of Northern New York
DecidedAugust 8, 1878
StatusPublished
Cited by1 cases

This text of 12 F. Cas. 715 (Howes v. McNeal) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Northern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howes v. McNeal, 12 F. Cas. 715, 15 Blatchf. 103, 3 Ban. & A. 376, 1878 U.S. App. LEXIS 1879 (circtndny 1878).

Opinion

BLATCHFORD, Circuit Judge.

This suit is brought for the infringement of reissued letters patent [No. 4,793] granted to Simeon Howes, Gardner E. Throop, Alpheus Babcock, Norman Babcock and Carlos 'Ewell, March 5th, 1872, for an “improvement in grain separators and scourers,” and extended for 7 years from March 16th, 1872, the original patent [No. 19,637] having been granted to Howes and Throop March 16th, 1858. The specification of the reissue says: “The improvements relate to that class of combined machines which both scour the grain and also separate the heavy grain from the light grain and screenings, and the cheat and light grain from the dust, chaff and other refuse. The object of the invention is to effect a more perfect cleaning and separation of smut and other refuse from the full grains and from the cheat and lighter grains than has heretofore been accomplished, and at the same time render the machine more compact, simple and cheap in construction, and enable it to be more conveniently operated and regulated than other machines. The invention consists, first, in the combination with a suction fan, a perforated inclosing shell or cylinder, and an outer tight- casing, of a draught passage leading directly from the inclosed space outside of the scouring shell to the fan case, and provided with auxiliary air inlets, whereby the particles of smut and other impurities, as- they are detached from the grain and drawn or forced through the perforations of the cylinder, will, be removed and conducted directly to the fan; second, in the combination with a grain scourer and suction fan, of two separating wind trunks, arranged side by side, one receiving the grain before it enters the scourer, and effecting what is termed a preliminary separation, and the other receiving the grain as it is discharged from the scourer, and effecting what is termed a subsequent separation, each wind trunk effecting three separations in a similar manner; first, of the full or plump grain; second, of cheat and light or shrunken grain; and third, of the smut, dust, chaff and other refuse, the prodücts of the second separation from both wind trunks being discharged near each other on the same side of the machine, whilst the products of the third separation (the refuse material) are conducted from both wind trunks into the eye of the fan.” The drawings contain four figures. Figure 1 is a vertical section through the preliminary separating wind trunk. Figure 2 is a vertical section through the subsequent separating wind trunk. Figure 3 is a vertical cross-section, made at right angles to the sections in figures 1 and 2. Figure 4 is a horizontal section. The specification says: “Like letters of reference designate like parts in each of the figures. A is the frame of the combined machine; B, the perforated smutting or scouring shell or cylinder; and C, the surrounding case, leaving a space, D, between the two, into which air is admitted through narrow auxiliary openings, c, at the bottom. E is the central vertical shaft, to which is secured, within the scouring shell or cylinder, a beater cylinder, F, provided with radial wings or beaters, f. G are the fan blades, keyed to the upper end of the shaft; and H, the fan case, with an opening or eye, h, in

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40 App. D.C. 598 (D.C. Circuit, 1913)

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Bluebook (online)
12 F. Cas. 715, 15 Blatchf. 103, 3 Ban. & A. 376, 1878 U.S. App. LEXIS 1879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howes-v-mcneal-circtndny-1878.