t. HOTCHKISS
CO.
tional feeding, when the arc is shifted back tQtheftrst pair, and they caused to burn alternately, instead of in the Brush. This alternation is, of course, owing to the fact ,that both, sets of carbolls' are separated simultaneously, and not In succession, as in the Brush patent. in which one is held in reserve nntil the tirst pair is wholly cODsumed.The Day lamp, however. not only lacks the non-coincidence in the separation of the carbons. wbich is the prominent feature of the Brush patent, but in practice it never seems to have been a success...
The functions of the electrode holders of the two lamps are so and the results of their actions 80 different, that I do notthink theelec.< trode holders of the defendants' lamp can be said to, be the same, iQ fwiction or result, as those of the complainant's combination. 1 therefere do not find that the defendants are guilty of infringing the complaihant's patent. The bill is therefore dismissed for want of equity.
HASKELL V. HOTCHKISS
&
UPSON
Co. et ale
(Circuit Court, D. Connecticut. ,Peoember 24, 1890.) ioATBNTIl POR INVENTIONS-BcBBW-:M.utING , lfJCIPATION. OJ' ' ' ,
The for letters patent No.12Ij,269, granted April 2, 1872, to James H,' Carpenter for improvements in machin,es for, cutting gimlet-pointed screws, recitethat "the purpose of the present improvement Is' to cut 'the point 'upon the screw by an operation subsequent to ,tilathy which the thread is cut Upon' body, so that the strain of the two operations shall not come upon the screw hlan:k at the same time, " as had previously been the case; and the specifications 'furtllei recite that "my first impl'ovementconllisted in the combination with the dies·whi¢lJ; cut the ho(iy of the screw of a threaded back rest, which * * * holds the screw: after the dies which cut the body have left it, and the pointing tool or tbolsby ,which the t,hread is cut upon t<he point while the screw is supported hy the threaded" rest." :My second improvement consists in, the use of what I call the ·serial C1ltter or tool;' which is made with a series of cutting edges, * * * and its relation" to thllpattern or former * * * is sucb that the several catting edges will,l'6>i move successive shaVings from the point of the blank." The claims are: "(1) Th.o threaded rest as a device to snpport the screw already formed. * * *' and Iii connection, with the screw to act as a l!lader ,to give motion to J2)The serial tool, e, In combination with a former or gUide so related thereto that . * * the several teeth 'will cut successiv6shavings" from the blank.' Beta.; that the second claim could not be construed to Include a threaded rest and screw, with the two elements therein mentioned, hut must be limited to a com biJ;latioD '. the latter; and, as itw8S anticipated as so limited by letters patent 128,307; granted January 30, 1872, to Cyrus B. ll'. Tingley, it was void. . :'.' ·
,In Equity. John
. I i.:;:
Wilmarth H. Thurstan, for plaintiff.. . I. .
and Ohq,rlea E. MitcheU.,f,or defendants. . ·
,SHIPMAN,.J. This is a bilLin equity,which alleges infringement J,y the 'defendants ofletters patent No. 12'5,269, dated April 2, 1872"to improvements in machines for entting gitnlet'" "Thebill was filed in :May, 1885; 'fmd for,ah' pointed acco\}nting. Theplairiti/f,. in his tb.e aec<;md clail)J.. .For U18IlY
1.1 ..'
:_ .'
424
FEDERAL REPORTER,
vol. 44.
wood screws werl" cut either by solid dies or by chasing tools. by Solid dies a machine was employed having a revolving 1iipindle, in the end ofwhich a blank was fixed. A sliding holder held the dies, which consisted of several longitudinal serie8 of teeth encircling the bolt., The dies were rigid, and could only cut a screw of the same <liameter throughout its length. The screw-cutting tool of the chasing tool machine had only a single tooth, which traced the spiral around the blank;'by the control of independent mechanism, which gave motion to the tool-holder. Having only a single tooth, the tool-holder had to repeat its travel during many times before a full thread could be made. When gimlet-pointed screws were introduced, the old methods were inadequate to cut a thread upon' the entire screw. A solid die machine could cut only the body"and a single-pointed chasing tool, pushed ina. truck parallel with the axis of the screw to be cut, could do no more. At this point Mr. Coleman, the plaintiff's expert, says that "it occurred to an, inventor to fasten a single-toothed tool in a vibratory holder, mounted upon a longitudinally traveling carriage, receiving its motion, as before, along the course of the' screw blank, from a permanently placed independent feed mechanism. The vibratory holder permitted the cutting tool point to advance towards, and recede from, the axis of the screw blank under the influence of a form fastened to the bed of the machine againstwhich the vibratory holder impinged as it was pushed past upon its carriage by the feed mechanism of the machine. This form was straight along the body of the screw blank, and inclined towards the axis of the bl&nk at the point of the blank, and the tool accordingly cut a shaving from the straight portion of the blank, and was pushed in by the incline of the form ItS it advanced to cut down the corresponding incline of the screw-blade point. * * * This is the principle and method employed to this date by all the great screw companies for making the 9elebrated gimlet-pointed wood screws." At this time lag' or coach screwsJ>egan to be made, which were large wood screws, having square heads for wrenches, instead of slotted heads for screw-drivers. When they were made with gimlet-points. the slow chaser tool system, of which I have last. spoken, was resorted to, but it was expensive. At this stage of the art Mr. 'Carpenter, the patentee of the patent in suit, procured letters patent No. 119,916, dated October 17,1871, for a machine which employed the solid die system for the body and the chaser system for the point, in the same machine, the design being to cut the body and the point simultaneously. The object of the invention is described by the inventor, in his specification, as follows: "The purpose of my invention is to form a gimlet point on the screw When it is cut in dies, and consists in combining with the dies which cut the body of the screw, made in any of the well-known forms, one or more tools or chasers placed at the back side of the dies. Rnd having a motion towards and from the axis of the screw, and working in suitable guides, which tools are set in such relation to each other and to the thread formed by the dies that they will follow each other with sUl'Cessi ve cuts. if more than one tool is lIsed in forming the point of the screw, and will also coincide witb the thread formed by the'dies upon the body of the screw, so that the thread formed 00 the point
HASKELL V. HOTCHKISS & UPSON CO.
425
will be a continuation of that formed on the borly. By this means the dies act as a rest to hold the body of the screw firmly while the pojnt is beillf.{ formed by tile tools, which have a simultaneous movement towards and from the axis of the screw so graduaterl to the progressive motion of the dies or screw, as the case may be, that their united action will give to the point the tapering form required at the same time that the dies are cutting tile thread upon the body." . The strain u!-'on the screw, which was incident to the simultaneous operation of the dies and the chasing tool, was so great that the blanks twisted. To remedy this defect the patentee made the invention described in the patent in suit, by which the two systems were performed in succession. The invention is thus described in the "The purpose of the present improvement is to cut the gimlet point upon the screw by an operation subsequent to that b.v which the thread is cut upon the body, so that the strain of the two operations shall not come upon the screW blank at the same time, while the screw-threads upon each part of the screw shall be made accurately to coincide. My first improvement consists in the combination With the dies which cut the body of the screw of athl'eaded back rest, which is formed like the segment of a nut. and accurately tits the threads formed upon the body of the screw, and holds the screw after the dies Which cut the body have left it, and the pointing- tuol or tools by which th':l thread is cut upon the point while the screw is supported hythe threaded rest, by which meanR the rest becomes tile snpportof the screw, and, in connection with the threads already formpd upon till' screw, the leader, which troIs the progressive motion of the tool or tools which cut the threads upon the point. ,My second improvement consists in the URe of what I call the 'serial cutter or tool,' which is made with a series of cutting edges, say four or more, the edges of which are set in a line nearly coinciding with the in" clination of the poin t of the screw, and its relation to the pattern or former, which controls its radial movement. is such that the several cutting" edges will remove. successive shaVings from the point or the blank. so that when they have all passed by the point th!1 thread thereon will be completed. My third improvement consists in the combinatiun of a threaded IJltc!, rest, whi('h is made to serve as a support to the screw, and as a leader in the operation of forming the threads upon the point. and the series of cutting points or teeth which are moved radially under the control of a pattern 01' former, as wiII be eescrihed, by which means screws may have gimlet points formed upon them, the bodies of which have bel'n cut by a spparate operation, as will be hereafter described. as a lllodification of my inventiun." The cluims are as follows: "( 1) The threaded rest, as a device to support the screw already formed. while being operated upon by the pointing or other tools, and, in connection with the screw, to act as a leader to give mOlion to the tool-carrier, sulJstantially as described. (2) The serial tuol, e, in <:ombination with a former or guide so related thereto that as the tool is carrieJ pas!' the point of the blank the several teeth will cut successive shavings therefrom and complete thethrllad, substantially as described. (3) The combination of the threalled rest and pointing tool, substantially as described. (4) The combination of thethreaded rest, and the pointing tool or tools, with the dies for cutting the body of the screw, substantially as described." Both the body and the point are cut in the machine which embodiesthe first improvement. The point only is cut in the machine which represents the third improvement. 'The mechanism of the second illl-
vol. 44. ,'
pl'Qvementla used in the ,point.cuttingmechanism of, either .machine. is,desoribed in letterspatellF:No:300,908, Smith Doll"Jr., and is said to second,Carpenterpa£ent. The imporJaD;t is't11,e proper construction of this claim, for it is substantially conceded that if it is to be construed as a combination of the twp .whicl1 are specifically named, viz., the serial tool and il;} relation to each other, and actuated by som,e by, what llleans is immaterial,) the claim, thus broad.11' stated, ,was antiqipated' by the machine described in hitters patent 'No: January 30; W72, F. Tingley. This not cut,ting and completrlyclltting the point ;bY, operations, but flfter they, blld been cut sim,ultaIleousJy by tOQls, specification says that "afinisb;.. ,ingH;o01; incontact'with along the'6b'r6w towards its "point','fiDi'Jhing and rendering the smooth and> 'even. The finsecured ,t(), pointing tppr,s. t091. i, to ,rew,oVQ; tlwsprplusstock hy,thf' 1001$ d, d."Tl:lepJaintitfrstrenuously and itruly: insists that a- ,very, important part of Carpenter's second in ventiotr was to compel the Ilcrelt-tbreadaupon each 'Pllrt altha screw to cdincideaccurately, al:' ith,aqgh werec\lfby aucGessive inlportant 4y 0.,dY:'threaded ,n. . de.a,:.. .. pIe. 01.,., t.h,'. .h iP. a, w .' ye, an., ll1r,ea . the, caPfI,C!ty to 10 Its, threaded rest, power to cOlJlpletely . thread its own point· at a: subsequent operation. He did this either in a distinct ;machine from' that in which the body thread was cut,' or in the same machine. Wherever done. a new function was given to an Illrea,dy,body-threaded screw; to be gimlet pointed. The plain,WI: by his expert, 'that the patent "shows for the first time, so, far :as a machine for; cutting a gimlet point upon a screw which has already a thread cut upon, its body; and which screw,of itself, gives motion and pitch control to a vibrating pointing tool to gimlet point thtl The plaintiff, therefore,insists that the proper construction of the second claim is to make the combination Of four elements, the two specifically named, viz., the serial tool and a former, and the .twA ,whose presence is necessary to make the whole machine operative, 'viz.· a threaded rest and the screw, and that, unless this is done, the in1tention, which the patentee called his ('third improvement," will not be 'claihied. ,There is no Claim which in terms describes the combination :'or, p;ointing for l11er, screw, and J;est, but belief. is ,that the natentee ll1ten,de<i that the tirst clmmshould,descnbe and Inpointing the screw alter the dies had pertormed ,their; ,part of theworkj and consisted of the of threaded rest, already formed body screw, and pointing tools; the threaded rest to acLas II. leader to give motion to the tool carrier. This ,eW-im ,in,. his,. mind",correctly ,described the WJP bf'1 qad:, inio, fltfect. the leading" new,idea;,Clf b.
The'
, BURGES! t1. 'CHAPMAN.
the invention, viz., the taking an' already, body-threaded screw i:md aut;.' ting a point updn it by a subsequent operation, so thatbothi thl'eilds i shall coincide, this being done by,the action ,of the threaded rest and ' the screw, as a leader, to im part motion and pitch control to the tool j carrier. A guide, which was then a well-kno\vn instrumentality,wol:iM", in his judgment, be used, as a matter ofcotirse, in connection with the' pointing tool. This part of the invention is far from being contained in' the second claim, which was for the invention, which he characterizes i as his "second improvement," and was expressed almost in the language' of the descriptive part of his specification. The patentee deemed that a' specific part of his invention was the serial tool, made with a series of; cutting edges, in connection with a former which so controls the radial; movement of the cutter that as it is carried forward by some actuating j means successive shavings will be cut from the point of the blank. In-' asmuch as this claim is substantially in the language in which the enteedescribed his second improvement, it would be a strained con· 1 atruction to import into it t",o omitted parts of mechanism. The'pat.:. e11too regarded his serial tool and the former as a separate and dibtinc,t invention, his patent was accordiQgly, and, the phraseology the,: third which was not specifically and in terms used, not be pushed into the patent by reading into the claim for the, second' two unnamed elements. Tne theory of the plaintiff's C;l:\se is that tlle validity of the second claim requires Wll$ given to The bill is dismissed.
BURGESS 11. CHAPMAN
et ale
(CfreuU Oourt, D. MaB$achusett8. Decembe,r IS, 1890.)
PAnns !'OR
Claims I and 2 of letters patent No. 2-;6,iOll,granted to J. W. Knell, OctOool' 1&, 1811H, for improvements in illusory dramatic effects. for a combination whereby all the incidents of a horse-race may be simulated, are not void for want of novelty, most of the elements are old, as in no prior device are the elements so eombined,ad to'l?roduce the same effect. IJ:
INVENTlONS-ILLUSORY STAGE EFl'ECTS-NOVELTY.
In Equity: " Frederick P. F'iBh and Simond8 ff Burdett, for complainant. James lI. Lange, for delendants.
COLT, J. This is a motion for a preliminary injunction. The bill sets out two patents granted to J. W. Knell, (who is the same person as the complainant,) for improvements in illusory dramatic efiects. The first pateut, No. 256,007, dated Avril 4, has Jor its object the production on the theatrical stage of the appearance of a person, animal, or vehicle traveling along a road of considerable length. The second patent, No. 286,709, dated October 16, 1883, consists of an appa-