F is a slide receiving motion by H', and moving in the ways, G, G, carrying the mandrel, B, which passes through the movable die, D, which has a spring to keep or move it back towards F, and an enlargement in its center, to facilitate placing the case, A', to be taken by B. The end of D, next to E, has a hole fitting on the outside of the case, A. E is a die with an adjusting screw. Yis a case as it comes from the press, and Z shows the same after being trimmed and set; or, in other words, gone through the following operation, to-wit:

mandrel, B, which passes through the die, D; the die, D, has a spring to keep or move it back towards F, and a hopper-like opening in the upper side to facilitate placing the case, A, to be taken by B and carried into the die, D. The mandrel, B, has a shoulder, a sufficient distance from the end, to allow it to enter the cartridge shell just the right distance, and leave enough metal to be pulled into the head of the cartridge. The die, D, is just the right size to be filled by the shell, A, when pressed into it by the punch or mandrel, B. E is a die with an adjustable screw, and the case may be carried against it to form the head or rim, or that may be carried against the die, D, by similar mechanism to F and H'; Z is a case or shell after being headed, forming the cavity for the fulminating pow der.

"It" (the case or shell) "is placed in D or A' to be taken on B and carried forward until its end projects (sufficiently to form its rim) out of D, when F, meeting D, carries it with A in that position up against E, which flattens the end, and forms the hollow rim, as shown in section at Z, Fig. 2; and the motion of J continuing, the parts all return to their respective places, ready for another, which, during the same time, has been prepared, as before described; the finished case dropping between the dies, D and E, or, if sticking in D, is punched out by the first motion of the next one and falls out of its way.

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Having thus fully described my invention, what I claim therein as new and desire to secure by letters patent is

"Second. I claim striking or forming the hollow rim at one stroke or operation, as above set forth and de scribed."

"The operation is as follows, viz., motion, being given to pulley, J, is communicated through H' to F and B, and the cases or shells are placed in the recess or in an inclined tube, which feeds them to the punch, B. The shell is taken on the punch, B, and carried through the die, D, until the end projects sufficiently to form its rim, when F, meeting D, carries it with A in that position up against E, which flattens the end and forms the hollow rim, as shown in section at Z, Fig. 2; and, the motion of J continuing, the parts all return to their respective places, ready for another shell, which, during the same time, has been placed in position, as before described, and the punch, B, taking on another shell, is carried into the die, D, and presses out the one before headed, which drops between the dies, D and E, when the operation is repeated as before.

"I claim the mandrel which carries the cartridge shell, in combination with the die, D, which admits the same, and against which the closed end of the cartridge shell is headed, substantially as described.

"Second. I claim the die, D, constructed and operating for the heading of cartridge shells, substantially as described."

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The following are the drawings of the original and of the reissue:

Fig.1.

H

The Allen machine, as organized for heading, and making a flange upon, cartridge shells, consists mainly of a mandrel, a die, and a bunter, which are combined together in order to operate. The mandrel is a rod with a shoulder upon it, the rod beyond the shoulder being of such diameter as to enter the cartridge shell which is to be headed with a pretty close fit, and the shoulder being at right angles to the rod, and formed to support the edge of the shell at the open end of the cartridge during the operation of heading. The die is a block of metal with a hole in it, of just the size of the outside of the shell, and the axes of the die and mandrel are in the same line. The bunter is a piece of metal so located that it is opposite one end of the die. The machine is also provided with a gutter, which is a prolongation of the hole in the die, but open on top, into which shells are to be introduced prior to being acted upon by the machine. When an unheaded shell is placed in this gutter, with the mandrel as far retracted from the die as possible, the mandrel advances, inserts itself into the shell, and shoves the shell into the die with its closed end projecting beyond the die a sufficient distance to afford metal from which the flange may be formed. In this position the outside of the shell is supported by the die, the inside of the shell by the mandrel, and the edges at the open end of the shell by the shoulder on the mandrel. The die, mandrel, and shell then advance together, and the closed end of the shell is forced against the bunter, the shell being thus squeezed down so as to form the flange of the cartridge. The mandrel then retreats, and, as it retreats, slips out of the shell, leaving the headed shell in the die, and, when the mandrel is fully out of the shell, the die is in its old position. The shell cannot follow the mandrel, owing to the fact that it is now headed, and that its head is on that side of the die which is furthest from the mandrel. After the mandrel has retreated sufficiently far from that end of the die which is nearest the mandrel, a second unflanged shell may be placed in the gutter. The mandrel then ad

vances and enters the shell as before, and the advance of this shell on the end of the mandrel drives out the shell which has just been headed, and was sticking in the die. After this second shell has been driven far enough into the die, it is headed as the first shell was, and is, in turn, pushed out by a third shell; and so on in succession. In the operation of the machine the shell is forced into one end of the die, and expelled at the other end, so that the shell moves in the same line, and in the same direction, from the time it is first acted upon by the mandrel until it is completely expelled from the die. The end of the die furthest from the mandrel is the anvil or rest against which the shell is headed by the conjoint action of the die and the bunter, the flange being formed fully at the time when the die and bunter are as near as possible the one to the other.

The description in the original patent of the mechanism for striking up or forming at one stroke the swelled end to form the recess for the priming, describes the die, D, as movable, and as being carried with the case or shell, and the mandrel, B, in it, against the stationary die, E. This is the description to which the second claim of the original patent refers when it claims "striking or forming the hollow rim at one stroke or operation, as above set forth and described." The drawings represent that arrangement, and no other. In the reissue it is stated that the case or shell may be carried against the die, E, to form the rim, or the die, E, may be carried against the die, D, by similar mechanism, to the slide, F, and the rod, H'. It is also stated that the cases or shells are placed in the recess, or gutter, or in an inclined tube, which feeds them to the punch or mandrel, B. Nothing was said in the specification of the original patent about carrying the die, E, against the die, D, or about feeding the cases or shells by an inclined tube.

Allen having died, Sarah E. Allen was duly appointed his executrix, in February, 1871. In November, 1873, she applied to the commissioner of patents for an extension of No. 1,948 and of No. 1,949. The application was opposed by E. Remington & Sons. Much testimony was taken on both sides. The day of hearing was February 4, 1874. The commissioner of patents decided to grant the extension, and rendered the following decision, (5 O. G. 147:) "This is an application by the executrix of the estate of Ethan Allen, for the extension of reissued patents Nos. 1,948 and 1,949, granted May 9, 1865. The original patent was granted to Ethan Allen, February 14, 1860, and comprehended a combined apparatus for trimming the open ends, and then heading the closed ends, of blanks for forming metallic cartridge shells. These operations are each performed automatically but independently, by different portions of the machinery. Reissue No. 1,948 comprehends the mechanism for heading the shell, and No. 1,949 that for trimming it. No testimony is presented relating to the latter, and it may be dismissed from consideration. Some interpolations of new matter appear in the former, but they have been disclaimed, rendering the scope of the patent unequivocally that of the invention originally described and illustrated in drawing and model. The device in question consists of a hollow recessed sliding die, a reciprocating mandrel, having a shoulder permitting it to enter a shell the proper distance for heading, and a stationary bunter, organized into a machine which operates as follows: The mandrel being withdrawn into the back portion of the die, which serves merely as a guide for it, a shell with its open end to the rear is placed in the recess of the die, in the path of the mandrel. As the mandrel advances, it enters the shell, and carries it into the die until its closed end projects a little in front for heading. At this point the stock of the mandrel strikes the rear of the die and carries it forward until the projecting end of the shell strikes a fixed anvil and is headed. The mandrel and die then retreat, carrying the headed shell, the die being forced back by a spring to its original position, and the mandrel continuing until it has withdrawn from the shell and passed the feeding recess. The headed shell

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"

remains in the die until it is forced out by the advance of the next shell. This is the machine patented, and the claims of the patent are as follows: (1) The mandrel which carries the cartridge shell, in combination with the die, D, which admits the same, and against which the closed end of the cartridge shell is headed, substantially as described. (2) The die, D, constructed and operating for the heading of cartridge shells, substantially as described.' This was the first successful organized automatic machine for heading cartridge shells. It has undergone various improvements, however, and, as built and (according to the testimony of the witness Cook) used by the inventor, it is not now in use. It, however, furnished the essential principle of construction which has been maintained in all succeeding heading machines of its class. The hollow die and reciprocating mandrel to receive and carry forward the shell to be headed, and at the same time force out the preceding headed shell, are the chief elements of the machines which have produced the vast quantity of shells that have come into the market since the date of this invention. The rear or guide portion of the die is omitted in the present machines; and, instead of a recess in the die, a special feeding device is employed; also, instead of advancing the die against the anvil, it is now made stationary, and the anvil is advanced, the die spring being transferred to it. Whether this latter modification, which is the principal one, and is admitted to effect materially superior results in heading the larger sizes of shells, is in legal contemplation an equivalent construction mechanically improved, or a substantive invention, has been the subject of much contention in this application. I am, however, so entirely convinced that the matter introduced into the reissue, describing the holding die as stationary, and the bunter as movable, was new matter describing a substantially different invention from the original, possessing different functions, that I have required, as a condition precedent to extension, that this new matter, together with that of the inclined tube for feeding, should be absolutely disclaimed. With such disclaimer, the patent is extended."

With a view to the extension the following disclaimer was filed on the fourth of February, 1874:

"To the Commissioner of Patents: Whereas, reissued letters patent of the United States were, on the ninth day of May, A. D. 1865, granted to Ethan Allen, of Worcester, in the county of Worcester, state of Massachusetts, numbered 1,948; and whereas, the Union Metallic Cartridge Company are now the sole owners of said reissued letters patent; and whereas, Sarah E. Allen of said Worcester, as the executrix of the goods and estate of said Ethan Allen, is the sole owner of any extended term of said letters patent which may hereafter be granted; and whereas, the Union Metallic Cartridge Company aforesaid have an equitable interest in the extended term of said letters patent: Now, therefore, the said Union Metallic Cartridge Company and the said Sarah E. Allen, executrix as aforesaid, respectfully show to the honorable commissioner of patents that through inadvertence, accident, or mistake, the words or that may be carried against the die, D, by similar mechanism to F and H',' were inserted in the descriptive part of said reissued letters patent No. 1,948, which words were not in the descriptive part of the original letters patent of said Ethan Allen; and thereupon your petitioners disclaim the said movable die, E, as being of the invention of said Ethan Allen, except in so far as the same by fair construction may be deemed the mechanical equivalent of the die, E, described and shown in said original letters patent and the drawing thereof. And whereas, the said reissued letters patent No. 1,948, in the descriptive part thereof, contain the words 'or in an inclined tube,' which words are not found in the descriptive part of the original letters patent of said Ethan Allen, but said words were introduced into the specification of said reissued letters patent by inadvertence, accident, or mis

take, your petitioners disclaim such inclined tube as being of the invention of the said Allen. SARAH E. ALLEN, Executrix. "UNION METALLIC CARTRIDGE CO. "M. HARTLEY, President."

The following additional disclaimer was filed on the thirteenth of February, 1874:

"To the Honorable the Commissioner of Patents: Whereas, reissued letters patent of the United States were, on the ninth day of May, A. D. 1865, granted to Ethan Allen, of Worcester, in the county of Worcester and state of Massachusetts, numbered 1,948; and whereas, the Union Metallic Cartridge Company, of Bridgeport, state of Connecticut, are now the sole owners of said reissued letters patent; and whereas, Sarah E. Allen, of said Worcester, as the executrix of the goods and estate of said Ethan Allen, is the sole owner of any extended term of said letters patent which may be granted: Now, therefore, the Union Metallic Cartridge Company and Sarah E. Allen, executrix, as aforesaid, respectfully show to the honorable commissioner of patents, that, through inadvertence, accident, or mistake, the words or that may be carried against the die, D, by similar mechanism to F and H',' were inserted in the descriptive part of said reissued letters patent No. 1.948, which words were not in the descriptive part of the original letters patent of said Ethan Allen; and thereupon your petitioners disclaim the said movable die, E, (called a bunter,) as being of the invention of said Ethan Allen, thus leaving the description of said die, E, the same as shown in the original letters * patent, and the drawings thereof. And whereas, the said reissued letters patent numbered 1,948, in the descriptive part thereof, contain the words 'or in an inclined tube,' which words are not found in the descriptive part of the original letters patent of said Ethan Allen, but said words were introduced into the specification of said reissued letters patent by inadvertence, accident, or mistake, your petitioners disclaim said inclined tube as being of the invention of said Ethan Allen. This disclaimer is absolute, and is filed as an additional disclaimer to that filed February 4, A. D. 1874, in which certain reservations were made. UNION METALLIC CARTRIDGE Co. "M. HARTLEY, President. "SARAH E. ALLEN, Executrix.

"New York, February 9, 1874."

The certificate of extension of No. 1,948 was as follows:

•

"Whereas, upon the petition of Sarah E. Allen, of Worcester, Massachusetts, executrix of the estate of Ethan Allen, deceased, for the extension of the patent granted to said Ethan Allen, February 14, 1860, and reissued May 9, 1865, numbered 1,948, for machine for making cartridge cases,' the undersigned, in accordance with the act of congress, approved the eighth day of July, 1870, entitled 'An act to revise, consolidate, and amend the statutes relating to patents and copyrights,' (the said Sarah E. Allen, executrix, having filed a disclaimer' to that part of the invention embraced in the following words: or that may be carried against the die, D, by similar mechanism to F and H';' also the words or in an inclined tube,') did, on this thirteenth day of February, 1874, decide that said patent ought to be extended: Now, therefore, I, Mortimer D. Leggett, commissioner of patents, by virtue of the power vested in me by said act of congress, do renew and extend the said patent, and certify that the same is hereby extended for the term of seven years from and after the expiration of the first term, viz., from the fourteenth day of February, 1874; which certificate, being duly entered of record in the patent-office, the said patent has now the same effect in law 7.58-31