226 Reporter's Statement of the Case pendently of the clip and consisting of a follower d' mounted on an upwardly actuated pivoted arm d3. Upon exhaustion of the cartridges in the clip an inclined shoulder z on the rear end of the follower engages the hooked portion of the clip latch f to release it from the notch in the clip. A clip latch F is also provided with a fingerpiece f1 extending downwardly and outside the magazine by means of which the clip latch may be operated to release the clip prior to the exhaustion of the cartridges therein. When the last cartridge has been fired and the bolt is moved to the rear by pulling on the trigger-guard G, a clip ejecting shoulder 21 on the rear end of the follower engages the cross-bar e3 of the clip and automatically ejects it. A bolt stop holding the bolt open in its rear position is actuated into its holding position upon the exhaustion of the cartridges in the clip. The bolt stop comprises the shoulder 22 which engages the forward end of the bolt K, the forward end of the follower de at the same time engaging the rear end of the rifle barrel. The disclosure of the Lantz patent is well expressed in claims 15 and 18 which read as follows: 15. In a magazine-firearm having a receiver open at top and bottom, the combination of a longitudinally-reciprocating breech-bolt, a detachable vertically-moving cartridge case or holder, a catch for retaining the holder in the magazine-chamber, a cartridge-table which engages with the catch to release it and permit the cartridge-holder to be automatically expelled, and a spring which is operatively connected with the table and which forces it upwardly to feed the cartridges successively to disengage the catch and to engage with the cartridgeholder to expel it, substantially as set forth. 18. In a magazine-firearm, the combination of a cartridge case or holder, a catch engaging therewith, a carrier adapted to disengage the catch from the case and provided with a shoulder to engage the breech-bolt to lock it back after the ejection of the last cartridge-shell. 43. As the follower of the Lantz patent moves upwardly upon exhaustion of the cartridges in the clip, three functions are accomplished, viz: its inclined shoulder disengages the clip latch; the clip ejecting shoulder 21 next engages the cross Reporter's Statement of the Case 109 C. Cls. bar and ejects the clip, and the shoulder 22 finally engages the forward end of the bolt K and locks it back. If the scale of the Lantz patent drawings is used as a criterion, the interval of movement of the rear end of the follower in accomplishing these three functions is relatively small and it would require a relatively strong spring to actuate the follower sufficiently to eject the clip. A patent drawing, however, is not a manufacturing scale drawing, and a man skilled in the art in building the Lantz structure would make the parts of such dimensions, and would so position the three shoulders 2, 21 and 22 relative to each other and to the cooperating parts of the clip that sufficient movement would be obtained to perform the described functions. Moreover, the feature of a kicker separate from the follower is old in the art, as disclosed in Von Frommer, Gundlach and Von Wehrstedt (findings 36, 38 and 40). The addition of a separate clip ejector to the Lantz structure, thus relieving the follower from this additional function, would produce no new result, but merely an aggregation of old results. The clip ejector would function just as in these named patents to eject the clip, and the cartridge feeding means would continue to function to feed the cartridges and to actuate the bolt stop into position. The use of a separate kicker in Lantz would not involve more than the ordinary skill of those skilled in this art. In the insertion of a fresh clip in the Lantz gun it appears that the gunner would have to hold the trigger-guard to the rear against the butt stock of the gun, thus holding the breech bolt open while he inserted the next clip with his other hand. While this might render the Lantz gun impracticable from a military standpoint, it does not render the gun inoperative. It is not proved that the structure disclosed in the Lantz patent is inoperative. 44. The Lantz patent discloses a gun having a bolt movable back and forth, a bolt stop operable for holding the bolt in its rear position, a clip of cartridges, a latch for retaining the clip of cartridges in position for loading, cartridge feeding means mounted on the gun independently of the clip, the cartridge feeding means acting upon exhaustion of cartridges 226 Reporter's Statement of the Case in the clip to release the latch and also actuate the bolt stop into its bolt holding position. The Lantz patent thus discloses every element of the Pedersen bolt stop claim 24, and this claim is anticipated by the disclosure of the Lantz patent. Bolt stop claim 30 differs from claim 24 only in that it specifies that the cartridge feeding means is separate from the clip discharge mechanism. As has already been indicated in finding 43, it would require only mechanical ingenuity to use in the Lantz structure a kicker spring separate from the cartridge feeding means. Claim 30 does not present any patentable novelty over the prior art. 45. British patent to McClean No. 5099.-This British patent (defendant's exhibit 47) discloses a gas-operated gun having a barrel, a reciprocating breech action and a receiver having a magazine chamber located beneath the breech action. The patent discloses a clip of cartridges held in the magazine by a latch, with the bolt reciprocating above the magazine chamber and performing the function of loading a cartridge from the top of the clip into the barrel of the gun. The gun has mechanism whereby it may be adjusted for single shot operation, semi-automatic operation or full automatic operation. The clip, as disclosed in the drawings (see Figs. 18 and 19) is closed at the sides, front and back, the back being formed with a rearwardly extending groove portion U3 which accommodates the rear end of the cartridge feed mechanism or follower. This follower is moved upwardly inside the clip by two levers, N and O, pivoted forwardly and in front of the cartridge clip. As shown in the drawings, these levers will strike the forward closed portion of the clip before the follower can enter upwardly in the clip a sufficient distance to exhaust all the cartridges therefrom. The text of the patent describes the rear end of the follower as rising in the groove portion of the rear end of the clip, and further states that * the upward movement of the cartridge feed is [sic] discharging the last cartridge from the maga Reporter's Statement of the Case 109 C. Cls. zine brings the feed into engagement with the trigger, and frees the trigger from the sear, allowing the sear to reengage with the forward notch of the driving rod retaining the action in its open position. The projection on the trigger mechanism to accomplish this locking open of the mechanism is not shown on the drawings. Defendant's expert witness, Colonel Carten, indicated by means of a pencil dot and lead line 10 in Fig. 18 of the drawings, where this inwardly projecting portion of the trigger mechanism would, in his opinion, be located in order to be contacted by the cartridge feed mechanism or follower as it moved upwardly through the clip. The location, as thus indicated, is above and to the inside of the closed rearwardly projecting portion of the clip. The British patent to McClean discloses an inoperative device in that (a) the cartridge follower levers cannot feed all of the cartridges from the clip because of the closed front end thereof and (b) any inwardly projecting portion of the trigger mechanism to be contacted by the rising follower inside the clip must project over the closed rear end of the clip, and this would prevent either removal or insertion of the clip into the chamber. 46. German patent to Oberlander No. 58,207.-This patent (defendant's exhibit 49) discloses a hand-operated gun having a barrel and a reciprocating breech bolt mechanism located above a magazine chamber. The magazine chamber is disclosed as containing a cartridge clip containing a stack of cartridges which are fed upwardly therefrom in such manner that the reciprocating bolt can feed them into the gun barrel. The cartridge feeding means consists of a forwardly pivoted feed lever. This lever B, as shown in the patent drawings, is provided with a projecting shoulder g, which, upon exhaustion of the cartridges in the clip, engages a shoulder c on a side mounted bolt stop lever. When this engagement takes place the bolt stop lever is lifted from its lower position, as shown in Fig. 2 of the patent, to an upper position as shown in Figs. 1 and 3. The rear end of the bolt stop lever is thus raised so that it engages a projecting |