Russell v. Kern

69 F. 94, 16 C.C.A. 154, 1895 U.S. App. LEXIS 2369
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 10, 1895
DocketNo. 231
StatusPublished
Cited by10 cases

This text of 69 F. 94 (Russell v. Kern) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russell v. Kern, 69 F. 94, 16 C.C.A. 154, 1895 U.S. App. LEXIS 2369 (7th Cir. 1895).

Opinion

WOODS, Circuit Judge.

Error is assignable upon an order or ruling, but not upon the opinion of a court or the reasons given for a ruling. Caverly v. Deere, 13 C. C. A. 452, 66 Fed. 305. Of the assignment in this record only the first and fifth specifications were necessary or proper. They are to the effect that the circuit court erred in sustaining the demurrer to, and dismissing for want of equity, the second amended bill. It was filed March. 19, 1894,—the [95]*95original bill having been filed May 31,1892.—to obtain an accounting and damages for infringement, and a,n injunction against further infringement, of 10 letters patent of the United States issue to Geo. T. Smith, of which the numbers and the dates of issue and of the applications therefor, respectively, are as follows: No. 133,898, December 10, 1872, October 31, 1872; No. 137,495, April 1, 3873, October 12,1872; No. 154,770. September 8,1874, August 1.7,1874; No. 158,992, January 19, 1875, Mav 20, 1872; No. 164,050, June 1, 1875, July 12, 1871; No. 1.87,923, February 27, 1877, December" 18, 187(5; No. 194,539, August 28, 1877, September 8, 3874; No. 208,936, October 15,1878, August 29,1878; No. 236,101, December 28,1880, November 2, 1880; No. 258,142, May 16,1882, January 4,1873. The claims of these patents are as follows:

No. 333,898: “The brushes, H, H, when attached-to an endless belt chain, rope, or an equivalent of the same, and traveling in one direction on ways and around pulleys, as shown, in combination with a reciprocating bolt, substantially as set forth.”
No. 137,495: “Tlie herein-described process of manufacturing flour from middlings, by subjecting them to successive grindings, boltings, and intermediate purifications by currents of air, substantially as set forth.”
No. 154,770: ‘In a middlings purifier, a reciprocating shaker having its bolting surface contracted at tlie discharging end, with a corresponding reduction in the air jjassage through the same, substantially as set forth.”
No. 158,992: “(1) Two or more reciprocating bolting surfaces or shakers, through which a current of air passes, separated from each other by longitudinal xiartitions, the cloth upon one shaker differing in fineness from the cloth on the other shaker or shakers, thereby adapting them for receiving and bolting flour or middlings of different grades of fineness, substantially as set forth. (2) In combination, with two or more reciprocating bolting surfaces or shakers, through which a current of air passes, the cloth upon one shaker differing in fineness from that of tlie other, a preparatory bolt constructed to divide tlie flour or middlings into different grades of fineness, the finer grade being delivered to the shaker whic-h is clothed witli the finer cloth, and a coarser grade to a coarser cloth, substantially as set forth.”
No. 1G4,050: “Tlie combination, in a machine for dressing flour or middlings, of a bolting surface through which an air current passes in one direction, while tlie flour or middlings pass in the other, with a brush, or a series of brushes, which traverse the under side of tlie bolting clotli, to remove the adhering- particles of flour, substantially as set forth.”
No. .187,923: “(1) The combination, in a flour-dressing machine, of a reciprocating shaker, having bolting cloth of different degrees of fineness, an air chamber arranged above the shaker, and divided into sections by transverse partitions, and a conveyor below tlie shaker, whereby the middlings may be divided into grades of fineness, and subjected to air currents of different degrees of strength, and afterward intimately remixed for a second purification, substantially as set forth. (2) The combination, in a flour-dressing machine, of a reciprocating shaker clothed with bolting cloth of different degrees of fineness, an air chamber arranged above the shaker, and divided into sections by transverse partitions, a fan arranged above tlie air chamber, and having an air trunk for each section of the air chamber and a brush traversing tlie under surface of tlie bolting- cloth, substantially as set forth.”
No. 194,539: “The combination, with the bolting surface, in a middlings purifier, of two fans in fan eases, which do not communicate with each other, each fan operating to produce independent air currents, in separate and distinct compartments, and through different sections of the reciprocating bolting cloth, substantially as set forth.”
No. 208,936: “The combination, in a middlings purifier, of the following elements, namely, a shaking- bolter provided with bolting cloths of different degrees of fineness; a fan to produce air currents through the bolting cloth; a bolting chest, which surrounds tlie bolter and forms part of an inclosed air [96]*96trank, through which air currents pass after leaving the bolting cloth; valves for regulating the strength of the air currents, according to the size of mesli of the bolting cloth; and. a chamber i;n the eduction passage for collecting light material carried off from the bolter by the air currents.”
No. 236,101: “(1) The combination, in a middlings ..purifier, of a reciprocating screen clothed with cloths of different degrees of fineness, a fan for causing air currents to pass upward through the screen, and the chest which incloses the screen and forms an air trunk, by which the air entering below is directed through and escapes above the screen through a contracted tubular discharge, and provided with apertures which are made of different areas opposite the various sections of the screen, for the purpose of regulating the force of the current through such sections, substantially as set forth. (2) The combination, in a middlings purifier, of a reciprocating screen clothed with cloths of different degrees of fineness, a suction fan placed above the screen, a chest which incloses the screen and forms an air trunk between the air openings below and the fan above the screen, and adjustable openings placed opposite the different sections of the screen, whereby the force of the current may be regulated according -to the texture of the cloth and material to be treated, and the material raised by the fan is carried away through the tubular mouth of the fan- case, substantially as set forth. (3) The combination, in a middlings purifier, of a fan and reciprocating screen clothed with cloths of different degrees of fineness, a chest which incloses the screen and forms an air trunk, causing the entire current to pass through the screen, and constructed with transversely elongated and adjustable openings extending across the cloth, so as to equalize the action of the atmosxfiieric currents upon the material traversing the sieve, supstantiaily as set forth. (4) In a middlings purifier, in combination .with a suction fan and recix>rocating screen clothed with cloths of different degrees of fineness, a chest forming a portion of a continuous wind trunk inclosing the screen, and an auxiliary wind trunk connecting the .fan with the interior of the chest through a series of openings of different areas placed opposite to the different sections of the bolting cloth, substantially as set forth.

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Cite This Page — Counsel Stack

Bluebook (online)
69 F. 94, 16 C.C.A. 154, 1895 U.S. App. LEXIS 2369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-kern-ca7-1895.