192 F. 121 | 8th Cir. | 1911
The American Street Flushing Machine Company appeals from a decree allowing it but a nominal sum against the St. Louis Street Flushing Machine Company and William Ratican for the infringement of letters patent No. 795,059 granted July 18, 1905. to L- F. Ottofy. The validity of the third claim of the Ottofy patent was upheld by this court upon appeal from a preliminary injunction, but its scope was reduced to very narrow limits. 86 C. C. A, 340, 156 Fed. 574. The claim was for a combination in a traveling street washing machine—
“of a tank adapted to contain water under pressure and mounted upon forward and rear supports, of a nozzle or nozzles located sufficiently near the plane of tbe points upon which the machine is supported to be Substantially concealed from view and having narrow elongated delivery apertures which open laterally toward the front of the machine and are substantially parallel to said plane, said nozzles being constructed and positioned to deliver water under pressure at tbe side or sides of the machine nearly parallel to said plane, forward and laterally of the rear support and avoiding the front support.”
The novel feature upon which alone the combination was sustained was in the means described of delivering a flat stream of water nearly parallel to the surface of the street. This was by means of a nozzle •connected with the tank above and having a narrow elongated orifice, and adjusted upon its connection at such an angle that the stream of water would be nearly parallel to the plane of the street. From this
The decree is affirmed.'