Reporter's Statement of the Case same and force it inwardly when the trigger is operated by means of suitable impulses transmitted to it from the oil line. If, however, the trigger member 32 is operated when the breech bolt is not in its approximate forward or firing position to such an extent that the inward projecting lug 28, fig. 2, and the transverse sear slide 17 will not be in operative relationship with each other, the motion of the trigger will be an idling motion and will not result in the gun being fired. A copy of the patent in suit, defendant's exhibit E, is by reference made a part of this finding. 21. The claims in suit in Swebilius patent #1450653 are as follows: 1. In an automatic gun, a breechblock, a sear slidably mounted on said breechblock, a slide mounted on said breechblock for reciprocation relative to said sear, interengaging cam surfaces on said sear and slide, and a trigger adapted to engage said slide. 2. In an automatic gun, a breechblock, a sear slidably mounted on said breechblock, a slide mounted on said breechblock for reciprocation relative to said sear, one of said reciprocatory members having a tapered head and the other having a tapered socket, and a trigger adapted to engage said slide. 3. In an automatic gun, a breechblock, a sear slidably mounted on said breechblock, a slide mounted on said breechblock for reciprocation relative to said sear, means to operate said sear upon reciprocation of said slide, and means to operate said slide. 4. In an automatic gun, a breechblock, a verticallysliding sear mounted on said breechblock, a slide mounted on said breechblock for horizontal reciprocation, means to operate said sear upon reciprocation of said slide, and means to operate said slide. 5. In an automatic gun, a reciprocating breechblock, a reciprocating sear carried by said breechblock, a trigger, and means on said breechblock intermediate said trigger and sear to move the sear when the trigger is operated. 6. In an automatic gun, a breechblock, a sear and a slide mounted on said breechblock for relative reciprocation and a cam surface on one of reciprocating members engaging a coacting cam surface on the other. 7. In an automatic gun, a breechblock, a sear and a slide mounted on said breechblock for relative recipro Reporter's Statement of the Case cation, one of the aforesaid members having a convex surface engaging with a concave surface in the other of the aforesaid members. 8. In an automatic gun, a breechblock, a sear and a slide mounted on said breechblock for relative reciprocation, and means to reciprocate the sear upon reciprocation of the said slide. 9. In an automatic gun, a breechblock, a sliding sear and a reciprocating sear operating member both mounted upon said breechblock, and interengaging oblique surfaces upon said elements. 11. In an automatic gun, an oscillatory trigger, a reciprocating breechblock, a sear slidably mounted on said breechblock, a slide on said breechblock for operating said sear, and means to allow continuous oscillation of the trigger without operating the slide until after the gun is completely breeched. 12. In an automatic gun, a reciprocating breechbolt, a firing pin operatively associated therewith, a sear reciprocatively mounted on said breechbolt and adapted to hold said firing pin in inoperative position and a slide mounted on said breechbolt and coacting with said sear whereby movement of the former causes the latter to release said firing pin and means to operate said slide. 13. In an automatic gun, a reciprocating breechbolt a firing pin operatively associated therewith, a sliding sear mounted on said breechbolt and adapted to hold said firing pin in inoperative position, a sear slide mounted on said breechbolt, coacting oblique surfaces on said sear slide and sear whereby movement of the former causes the latter to release said firing pin and means to operate said sear slide. 14. In an automatic gun, a reciprocating breech bolt, a firing pin operatively associated therewith, a sear mounted on said breech bolt and adapted to hold said firing pin in inoperative position, a sear slide mounted on said breech bolt, one of said two last-named members having a convex surface adapted for engagement with a concave surface in the other member whereby movement of the sear slide causes the sear to release said firing pin, and means to operate said sear slide. 15. In an automatic gun, a reciprocating breech bolt, a firing pin operatively associated therewith, a sear reciprocatively mounted on said breech bolt and adapted to hold said firing pin in inoperative position, a slide mounted on said breech bolt and coacting with said sear whereby movement of the former causes the latter to Reporter's Statement of the Case release said firing pin, and a trigger to operate said slide. 22. In an automatic gun, a receiver, a breech bolt reciprocatively mounted therein, a movable sear carried thereby, a housing mounted on a wall of said receiver, and means in said housing operatively connected with said sear for moving it in one direction. 23. In an automatic gun, a receiver, a breech bolt reciprocatively mounted therein, a sear slidably mounted in said breech bolt, a housing carried by a wall of the receiver, and means in said housing operatively connected with said sear for sliding it in one direction. 24. In an automatic gun, a receiver, a breech bolt reciprocatively mounted therein, a sear slidably mounted on said breech bolt, a housing carried by a wall of said. receiver, and means in said housing and operatively associated with said sear for transmitting impulses from a distance to said sear to cause the operation thereof in one direction. 25. In an automatic gun, a receiver, a breech bolt reciprocatively mounted therein, a sear slidably mounted on said breech bolt, a housing carried by a wall of said receiver, and means in said housing cooperating with said sear to cause the movement thereof in one direction. 26. In an automatic gun, a breech bolt, a firing pin carried by said breech bolt, a sear reciprocatively mounted on said breech bolt and adapted to engage said firing pin, a sear operating member reciprocatively mounted on said breech bolt, and a surface on one of said two last-named members oblique to its path of reciprocation whereby reciprocation of said sear operating member moves the sear out of engagement with said firing pin. 27. In an automatic gun, a breech bolt, a sear slidably mounted on said breech bolt, a sear operating member reciprocatively mounted on said breech bolt, and a surface on one of said two last-named members oblique to the path of movement of one of said members and adapted to contact with the other of said members whereby movement of said sear operating member opperates said sear. 28. In an automatic gun, a receiver, a breech bolt reciprocatively mounted therein, a sear mounted on said breech bolt for vertical reciprocation, a sear operating member mounted on said breech bolt for horizontal reciprocation, a housing carried by one wall of said receiver, a trigger mounted in said housing, said trigger being adapted to engage said sear operating Reporter's Statement of the Case member through a slot in said wall, and coacting means on said sear and sear operating member whereby reciprocation of the latter causes reciprocation of the former. 22. Subsequent to the issuance of the patent in suit and prior to the filing of the petition in this case, there had been manufactured for or by the United States without the BROWNING TRIGGER MOTOR consent of plaintiff aircraft machine guns containing the firing mechanism of the structure shown in the inserted drawings, figs. 1 and 2, entitled "Browning Trigger Motor, Government Structure." This firing mechanism includes a slidable breech block operated in a receiver of a machine gun with a vertical sear mounted for vertical sliding reciprocation at the rear thereof. A transverse slide member is also mounted on the breech Reporter's Statement of the Case block which member is adapted for reciprocation at right angles to the movement of the sear. Movement of the transverse slide member causes the sear to operate by virtue of cooperating cam surfaces on the sliding member and sear. A trigger motor is mounted upon one of the receiver side plates, the same being adapted to operate a trigger member including a lug which projects inwardly through a slot in the receiver plate and which functions when actuated by the trigger to engage the end of the transverse sliding member and through it actuating the sear when the breech block is in a closed or firing position. The terminology of all of the claims in suit is found to apply to this structure. 23. The Vickers aircraft machine gun with the Constantinesco synchronizing gears attached thereto, which was delivered to the plant of the Marlin Rockwell Corporation in September 1917 and which was inspected and examined by Swebilius before the date of his alleged invention, comprised a receiver, a breech bolt reciprocatively mounted therein, a movable sear carried thereby (which sear was adapted for reciprocative motion about a pivot), a housing mounted on the rear walls of said receiver, and means in said housing operatively connected with said sear for moving it in one direction. The Browning machine gun delivered to the Marlin Rockwell plant for adaptation for synchronized fire was equipped at the time of delivery with a sear slidably mounted in its breechbolt, and Swebilius was familiar with this construction prior to the date of his alleged invention. 24. Prior to June 11, 1918, the filing date of the Swebilius application which matured into the patent in suit, there were in the art to which the said patent relates, the following patents: British patent to Maxim, #14047 of 1885; printed in 1886. British patent to Enever, #5940 of 1915; received in the United States Patent Office June 7, 1916, and sealed on the sixteenth day of August, 1916. United States patent to Kjellman et al., #690739, patented January 7, 1902. |