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be comparatively useless that could operate only on standing grain, 

 leaving that which is tangled to be cut by some other instrument." 



Referring again to the reaping attachment (Fig. 4), attention is 

 called to the divider which projects in front of the finger-bar about 

 three feet, and which has welded to its point two solid iron rods that 

 extend rearwardly and upwardly and diverge at their ends, in order 

 to penetrate the grain and separate the swath to be cut from the grain 

 to be left standing. The raker, who, as has been heretofore explained, 

 uses his rake largely as a reel, assists the divider in separating the 

 grain and reeling it upon the paltform. 



The Protest says : " In its (Hussey's) perfected form it exists in 

 the manual-delivery reaper." As it is plain that it is not the machine 

 which Hussey invented and built, the comparison is fatal as a support 

 to the claim that Hussey's was a practical reaping machine, for in 

 order to make the " manual-delivery machine " operative it must have 

 AlcCormick's divider and place a man with a rake to do the work of 

 McCormick's reel. 



Summarizing on this point: 



(a) McCormick's machine had a divider from the beginning. 



(b) It had a divider in combination with a reel from the begin- 

 ning. 



(c) Hussey's reaper did not contain a divider, during the life of 

 McCormick's first patent. 



(d) The reaping attachment for mowers which has been called 

 "the Perfected Hussey Machine," clearly shows Hussey's reaper to 

 have been a failure, as the " manual delivery " has a divider, and posi- 

 tions a man upon the machine with a rake to do by hand the reeling 

 and dividing which the McCormick machine always did automatically. 



It is submitted that, under this head alone, Hussey's machine 

 must be deemed a failure. 



(5) The Platform McCormick's machine from the beginning 

 had a platform of the same width as the finger-bar. The raker was 

 thus enabled to walk behind or ride on the frame of the machine and 

 draw the accumulated gavel from the platform upon the ground at the 

 side of the machine, and out of the way in making the next round of 

 the field. 



