Singer 247 Sewing Machine Repair Manual
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Claim 43 provides: 'A machine of the class described having, in combination, clamping means to embrace one end of a last and shoe, a hold-down mounted for vertical movement and positioned to engage the bottom of the last and shoe, a support for a last and shoe constructed and arranged for manually effected movement to engage the last and shoe with said clamping means and hold-down, power operated mechanism effective to move said support forcibly to press the last and shoe against said clamping means and hold-down and to actuate the clamping means, mechanism effective in timed relation to the clamping means to depress the hold-down and support to position the shoe bottom determinately below the plane of the wipers, mechanism operative to actuate the wipers to break down the edge of the upper over the bottom of the positioned last and shoe, the said hold-down mechanism being automatically operative subsequently determinately to raise the hold-down, the said power operated mechanism being operative substantially coincidently correspondingly to raise the said support to engage the bottom of the last and shoe with said hold-down with the shoe bottom positioned substantially in the plane of the wipers, and the end wiper mechanism being subsequently operative in timed relation to wipe over and compact the broken down edge of the upper over the bottom of the last and shoe, and manually adjustable means for determinately varying the amount of vertical movement of the hold-down, said end wipers and said hold-down being operable by the same handle.'
The '813 patent was assigned to a predecessor of the sewing machine manufacturer Singer. During pendency of the '813 patent application, the assignee of the '813 patent was changed to the then new Singer Manufacturing Co. The new Singer Manufacturing Co. continued to operate the sewing machine under the '813 patent with no infringement issues.
In September of 1990, the new owner of the '813 patent was acquired by a company called Singer, Inc. (“Singer”). On July 17, 1994, Singer acquired a company called Sewanee Industries, Inc. (“Sewanee”). Sewanee had been in the business of sewing machine manufacturing for over 75 years and had made numerous sewing machines under its own name, under the name Singer, and under the name Union Special.
In August of 1994, while Sewanee was still making and selling sewing machines under the '813 patent, Sewanee filed suit against Singer in the United States District Court for the Northern District of Illinois. 827ec27edc