211 F. 982 | 2d Cir. | 1914
The patent relates to improvements in the construction of dams, its principal change from the dams of the prior art being the substitution of concrete for the materials before used in dam construction. The alleged invention is sufficiently described in the claims, which are as follows: •
“2. A dam comprising a base, an inclined concrete flooring overbanging tbe base, a plurality of spaced buttresses interposed between tbe base and flooring, and metallic reinforcing members embedded in the flooring and extending lengthwise thereof and across the buttresses.
“3. A dam comprising a base, spaced buttresses rising therefrom and a relatively thin inclined concrete flooring supported by and overhanging the buttresses and base, said flooring having metallic reinforcing members extending lengthwise of the flooring and across the buttresses.”
Ambursen’s contribution to the art consisted in making the Austin dam of concrete instead of masonry and turning it around so that the vertical surface faces down stream and the slanting surface becomes the floor, so to speak, upon which the water of the reservoir rests which is piled up behind the dam. The weight and downward pressure of this water tends to hold the dam in place. This was a perfectly obvious thing to do. Anyone with the slightest knowledge of hydraulics would know that the imprisoned water would produce less pressure on the dam if the water pressed downward and outward instead of outward alone. The feature which has given popularity and strength to the complainant’s structures is the use of concrete. This substance being a modern discovery, its efficiency in the various building trades has been a matter of slow development because of the doubt as to its durability, and its ability to resist certain strains. This was particularly so'in dam construction where its use had it proved inadequate, would have resulted in enormous loss of life and property. But as time went on and its safe substitution for building materials then in use was demonstrated, it naturally'occurred to dam builders to use it in their business. Ambursen invented no new principle of dam build
We cannot resist the conclusion that Ambursen has merely substituted one well-known building material for another with no change except such as is inherent in the material which was well known and free to all builders.
The decree is affirmed.