26 F. Supp. 467 | Ct. Cl. | 1939
delivered the opinion of the court:
In view of the facts established by the record in this case, the stated object of the invention, and the description of its construction as set forth in the patent in suit, we are of opinion that plaintiff is not entitled to recover. The essential facts established by the record are set forth in the findings. Plaintiff takes exceptions to certain of the findings and has proposed eighty-two additional findings. Upon consideration of these exceptions and the proposed additional findings in the light of the entire record in the case, and the
The facts show that if the claims of the patent are so construed as to read upon the alleged infringement structures, they are clearly anticipated by the prior art. The claims define the channels as extending upwardly and inwardly from substantially the midship section of the hull. The prior art shows many and varied forms of such channels commencing at various distances along the aft portion of the hull, and the record establishes that it has been the practice of naval architects for many years to provide an upwardly and inwardly extending water channel on each side of the aft portion of the hull on various types of ships, starting at various points along the ship’s length adjacent the bilge and continuing to a point adjacent the stern. A construction of the claims sufficiently broad to cover whatever channels the alleged infringing ships may have, which channels begin at points considerably aft of the midship section of the hull, would clearly render the claims applicable to the prior art structures. If, on the other hand, the claims are narrowly construed to cover the channels extending from substantially the midship section, they do not apply to the structures of the alleged infringing ships which have no channels extending upwardly and inwardly from substantially their midship sections, and no infringement exists. (Finding 24.) Such structures as are found in any of the ships of the defendant extend through less than one-fourth of the length of the vessel rather than substantially the midship section to the stern. (Findings 13 and 14.)
With respect to the alleged infringing ships of the Augusta type, the frame members or stations of the aft portion of the hull are convex in form forward of and including frame 31. Frames 32, 33, and 34 have a concavity of the lower portion adjacent the deadwood of the ship; the remaining frames aft of 34 are all convex in form. The concavity extends through only three frames and this is only approximately 15 to 20 per cent of the after half-length of
After a careful consideration of the patent in suit in the light of its disclosures, we are of opinion that the patent is void through a lack of proper description. The description of the invention as set forth in the patent suggests that there should be concave longitudinal channels in the after under-body portion of the hull in order to utilize the impact of the water as an aid in impelling the vessel forward. It states only that the hull should be provided with such channels (p. 1, lines 61-84), and that their angularity or degree of curvature may vary, depending upon the draft, width, and speed of the ship (p. 1, lines 84-93, P. 2, lines 7-32, inclusive). No formula is stated by which such angularity may be determined nor is any specific example suggested for any given ship. As was said by the court in Stewart v. American Lava Company, 215 U. S. 161, “The public are told little more than to try experiments until they find a burner that works.” See, also, the same case reported in 155 Fed. (2d) 731, 736, in which the point now under consideration is discussed at length.
The specification of the patent in suit states no law, rule, or example by which a determination may be made as to how the water channel surface for utilizing the water impact or pressure to drive the ship may be constructed on the patentee’s theory that such impact or pressure is a driving force. Neither does the patent contain any specific descrip
Patents, whether basic or for improvements, must comply accurately and precisely with the statutory requirements as to claims of invention or discovery. The limits of the patent must be known for the protection of the patentee, the encouragement of the inventive genius of others and the assurance that the subject of the patent will be dedicated ultimately to the public. The statute seeks to guard against unreasonable advantages to the patentee and disadvantage to others arising from uncertainty as to their rights. The inventor must "inform the public during the life of the patent of the limits of the monopoly asserted, so that it may be known which features may be safely used or manufactured without a license and which may not."
We are of opinion that the patent in suit does not fulfill the requirements of the patent statute and is, therefore, void. Isham v. United States, 76 C. Cls. 1.
In view of the facts clearly established by the evidence and set forth in findings 13 and 14 with reference to the hull construction of the alleged infringing ships, plaintiff contends (1) that the channels covered by the specification and claims of the patent in suit need not start exactly at the midship line, “but anywhere within the midship section,” which, it insists, is approximately the central one-third section of the vessel; (2) that the channels need not be depressed concave portions formed wholly within the normal body lines of the ship, but the channels may begin as flattened portions; and (3) that a raised portion,
Plaintiff is not entitled to recover and the petition is dismissed. It is so ordered.
