69 F. 331 | U.S. Circuit Court for the District of Southern New York | 1895
This suit is brought upon patent No. 364,081, dated May 31, 1887, and granted to Albert J. Bates for a pneumatic drilling tool; and upon No. 373,746, dated November 22, 1887, and granted to James S. MacCoy, but not now claimed to have been infringed. These tools are for doing work done by hand tools with a mallet. They are cylindrical, for being held in, and guided to
“3. In the pneumatic drilling tool described, and in combination with the case having an inlet and exhaust port, the cylinder having a piston chamber and a valve chamber arranged separate from each other and connected by means of ports: and air passages, the piston, and valve for controlling said piston- through the medium of said ports and air passages, substantially as and for the purpose set forth.”
The Bates patent thus appears to be for a useful invention of an improvement upon the MacCoy tool. The valve is located and operated so differently from that of the Fitts plugger that invention would be required to adapt that, like this, to the MacCoy tool; and, as to that, this appears to be also a new improvement, for which Bates was well entitled to a patent. Railway Co. v. Sayles, 97 U. S. 554. Many patents of steam and air engines, and devices, are set up and proved as anticipations and limitations which would, if applicable, overthrow or make avoidable the MacOoy patent on the pneumatic tool itself, as well as this one for this improvement; and if prior like parts, operating by steam or air in engines of various sorts, in similar ways, would anticipate the use of such parts in the employment of such power everywhere, that result would be well accomplished. But the bringing, adapting in size, proportion, and relation, and so inclosing such parts as to form a tool of. such power, capable of guidance to such work by hand, would seem to involve high and most useful inventive skill, well worthy of a patent upon the'tool itself, or improvements of that kind upon it. Potts & Co. v. Creager, 155 U. S. 597, 15 Sup. Ct. 194. The combinations of parts, similar to those of this third claim may be found in such engines
Decree for plaintiff.