246 F. 441 | 6th Cir. | 1917
Suit for infringement of the Arnold patent, No. 787, 019, April 11, 1905. The invention relates to the type of “horizontal soft mud” brick machines, consisting generally of a pug mill by which the clay is — by means of knives and propellers carried by a “horizontal pug shaft” extending longitudinally through the mill — cut, mixed, and advanced into a charging ®r pressing chamber at the front end of the mill, where by means of a vertically reciprocating inside press it is forced into molds, which are then mechanically delivered from the machine. The claims involved are No. 2, which relates solely tó mechanism for operating the press platen, and No. 8, which is confined to a provision for admitting air between the press platen and the clay. The present Mr. Justice Clarke, who presided below, held claim 2 not infringed, and claim 8 void for anticipation, and dismissed the bill. The appeal is from the decree of dismissal.
Early in 1904 Horton sued Arnold’s company for infringement; the suit was settled the following January by consent to decree sustaining the Horton patent, but without liability for past or future use of the alleged infringing machines. One of the defenses here made to claim 2 of the Arnold patent is that Paradine was, if not the sole inventor, at least a joint inventor with' Arnold. We agree with Judge Clarke that upon the testimony there is grave doubt whether Arnold was the sole inventor of the subject-matter of that claim; but this question was not decided by Judge Clarke, whose opportunities in that regard were better than ours. We find it unnecessary to decide it, and for. the purposes of this opinion we shall treat the invention as Arnold’s.
Arnold’s advance over Horton and Paradine was merely the substitution (for the walking beam of the one and the rocker shaft of the other) of the “plunger” running between ways on the outside of the chamber, interposed between and directly connected with the press platen stem and the upper end of the pitman — the “plunger,” when the machine was assembled, being practically a part of the stem. The connections of both Horton and Paradine between the crank and press mechanism were direct in a proper sense, and Arnold in his testimony seems to so treat them. The latter merely showed a more direct method than that of his predecessors; and, given the interposed sliding “plunger,” the outside guides followed naturally enough, in view of the then existing art. But Arnold’s connection being more simple and direct, and effecting a positive movement of the press platen, resulting in greater speed and smoothness of operation — with less wear and tear and wobbling, less breakage and greater output (evidenced by public favor and by the alleged infringement) — had decided utility, and we think disclosed invention. Prom a mechanical standpoint, however, the advance in the art was slight.
The -differences between the invention disclosed by claim 2 and the alleged infringing machine manufactured by the defendant Wellington Company for, and used by, defendant Barkwill Company, are these:
The machine disclosed by the specification is of the front delivery type, that is to say, the bricks are delivered from the front end of the pressing chamber, and thus of the mill, by a movement longitudinally of the mill; the plunger, sliding between ways on the outside of the front end of the charging chamber, is connected on its rearward, or inward, side by an inwardly projecting stud shaft to a yoke to which are attached rods supporting the press platen, and on the front or outward side by an outwardly projecting stud shaft to the pitman (near, but not at, its upper end), whose lower end is connected to' a crank journaled directly upon the pug shaft. Defendant’s machine is of the side delivery type; that is to say, the bricks are delivered from the side of the pressing chamber by a movement at right angles to the side of the mill. The plunger slides between ways located outwardly on the delivery side of the pressing chamber, and is connected on its rearward or inner side by a pin to the yoke carrying the rod support
It is apparent that claim 2 does not read.literally upon.defendant’s structure; for it seems -plain that by “the front end of the pug mill” is meant the front end of' the mill taken as a whole, at the front end of which is the charging chamber. Such is the natural meaning of the •language used; and reference to the specification leaves in our minds no doubt that such was the meaning intended. Arnold manifestly had no idea of applying his press mechanism to anything but a front delivery machine, and it apparently did not occur t'o him that it was otherwise applicable. Horton was his chief competitor, and his improvement was made only in an effort to get the benefit of Horton’s device through Paradine and to improve upon the latter. The claim is, broadly speaking, the measure of the patentee’s rights, and is not infringed unless construed as broadly as if it read substantially:
“In a brick machine, employing a horizontal pug mill, a shaft, a charging chamber and a press platen, the mechanism for operating the press platen consisting of a crafik mounted on a shaft on the outside of the pug mill, a vertically moving plunger, journaled in ways mounted on the frame and inwardly connected operatively with the press platen rod and outwardly connected pivotally with the upper end of a pitman whose lower end is pivotally connected with the crank.”
' “I gained considerable simplicity in operation by connecting tbis plunger directly onto tbe pug shaft;” and “one of the important features, which I considered most broadly patentable at the time I filed my application, was the direct connection from the crank on the main shaft to the press on the inside. By the ‘crank on the main shaft’ I mean the main pug shaft.”
It is now said that Arnold’s substantial step in advance was to receive upon his plunger all the side thrust or tendency to circular motion involved in a pitman or walking beam or rocker arm, and thus transmit to the platen rods-only an absolutely vertical motion. If this is conceded, it appears that he undertook to express this inventive thought in the first claim, which ends with the clause .“whereby the said pitman drives the said plunger and platen rod vertically in unison.” The first claim, however, includes a method of connection between crank and pitman, which method defendant does not use; and we cannot find in the second claim any attempt to state broadly the same inventive thought which Arnold undertook to cover by his first claim.
We therefore agree with the District Court that infringement is not shown.
The decree of the District Court is affirmed.
“2. In a brick machine employing a horizontal pug mill and shaft, a charging chamber and a press platen, the mechanism for operating the press platen, consisting of a crank mounted on the front end of the pug mill, a vertically moving plunger journaled in. ways mounted on the frame, a stud shaft connected to said plunger and projecting outwardly above the crank pin, and a pitman connecting said stud and crank, a second stud shaft mounted on said plunger and projecting inwardly over the charging chamber, a rod rigidly connected to the platen and journaled on said inwardly projected stud shaft, substantially as described.”
“8. In a brick press of the type shown in combination with the press platen of a hollow plunger rod passing through the said platen, and a valve to close said hollow rod, substantially as described.”