215 F. 735 | W.D. Pa. | 1914
The plaintiffs by their bill charge the defendant with infringement of reissue patent of the United States, No. 13,542, issued to.Frederick E. Baldwin for an acetylene gas generating lamp under date of March 11, 1913, and have also charged the defendant with unfair competition in trade in marketing an unfair copy of a portable miner’s acetylene lamp known as the “Baldwin” lamp. The defendant has denied the validity of the patent, upon the ground, as it alleges in the answer, that the said reissue patent and the original patent No. 821,580 were fully anticipated in the prior art, and defendant denies that it has been at all unfair in its competition with the plaintiff in marketing a portable miner’s acetylene lamp manufactured by it.
Defendant offered the record of a suit instituted by the said Baldwin against one Jacob Bleser in the Circuit Court of the United States for the Southern District of Illinois, wherein the question of unfair competition, as well as the validity of patent No. 821,580, were both involved, and in which there was a decision that the defendant Bleser had not been guilty of unfair competition, and defendant offered evidence of the similarity of Bleser’s lamp with the lamp of the plaintiffs in the case at bar. This case will be referred to later in the consideration of the question of infringement. As the court regards it, however, it has no bearing upon the question of unfair competition in the case at bar. Even if Bleser was not guilty of unfair competition, and even if his acts were the same as those of the defendant in the case at bar, yet Bleser’s release from liability would not afford protection to the defendant here. However, it does not appear that Bleser was guilty of the same acts of which the defendant has been shown to be guilty
The plaintiff, Frederick E. Baldwin, on the 15th of July, 1903, applied for a patent for an acetylene gas generating lamp, and was awarded one by the United States on May 22,1906, the same being numbered
"The method which I have invented for securing the proper feed under all circumstances without the above objectionable features is to malee the bore of the duct of comparatively large size and then restrict it by means of a wire or rod preferably cení rally located therein to leave a channel of the proper size. This arrangement is simple; but in a long experience it has been found to be entirely successful. It Is possible to secure the correct drop-by-drop feed with a duct of considerable size, since the friction of the water on the large area of the tube-wall and wire reduces its flow. This retarding-friction may be regulated by varying the size of wire used. The duct does not become choked, since if foreign particles are deposited therein the water can take a zigzag course around it without the supply being appreciably afi'eoted. If it is at any time necessary to clean the tube, the wire"is simply reciprocated and rotated a few times from the outside of the lamp without disturbing the position of other parts. This nice regulation of the flow enables mo to entirely dispense with the troublesome adjustment of the valve. If a valve is used at all, it is employed to shut off the flow entirely and not to regulate It.”
The special feature set forth in that quotation from the specifications is not made prominent in any of the claims of the patent. As we propose to deal entirely with the fourth claim of the patent in suit, the fourth claim of the original patent is set forth as follows:
“4. In a lamp of the kind described, the combination with a water-reservoir, and a receptacle for calcium carbid, of a water-tube extending from the former a considerable distance into the latter and adapted to be embedded in the mass of carbid in the receptacle, and a rod extending through the water-tube and constituting a stirrer to break up slaked carbid around the outlet of the water-tube, as set forth.”
The words “as set forth,” at the close of that claim would seem to be a reference to the special feature in the specifications as disclosed. This special feature does not appear to have been fully considered in the case of Bleser v. Baldwin, 199 Fed. 133, 117 C. C. A. 615, wherein there was an adjudication adverse to the plaintiff as to claim 4 of patent No. 821,580. That case, so far as claim 4 is concerned, seems to have dealt principally with the rod as a stirrer and not as a factor in creating retarding friction in the water-tube. The patent to Bleser, as found by the court in that case, “calls for a needle fitting loosely into the tube and other hollow parts of which it constitutes the core. Its function is ‘to clean the tube 4 and remove any obstruction from the end thereof.’ ” After the decision in Bleser v. Baldwin, supra, the plaintiff Baldwin applied for a reissue of his patent No. 821,580. He changed that portion of his specifications which has been above quoted by adding the underscored words in the following quotation:
“The method which I have invented for securing the proper feed under all circumstances without the above objectionable features is to make the bore of the duct of comparatively large size cm lend the lube which forms the duel downward so that its end will be always embedded in the carbid, and then restrict the duct by means of a wire or rod preferably centrally located therein to leave a channel of the proper size. This arrangement is simple; but in a long experience it has been found to be entirely successful. It is possible to secure the correct drop-by-drop feed with a duet of considerable*740 size, since the friction of the water on the large area of the tube-wall and wire reduces its flow. This retarding-friction may be regulated by varying the size of the wire used. The duet does not become choked, since if foreign particles are deposited therein the water can take a zigzag course around it without the supply befng appreciably affected. If it is at any time necessary to clean the tube, the wire is simply reciprocated and rotated a few times from the outside of the lamp without disturbing the position of other parts. This nice regulation of the flow enables me to entirely dispense with the troublesome adjustment of the valve. If a valve is used at all, it is employed to shut off the flow entirely and not to regulate it.”
He also inserted the following in the specifications:
“It will be understood from what has been said that the function of the stirrer is to break up, pierce, or disturb the particles of the slaked carbid mass which, when the lamp is in use, forms at the delivery end of the tube. This slaked carbid mass tends to solidify and either shuts the water off altogether or restricts it so that less water is delivered from the water tube than the lamp demands for efficient operation. As it is sufficient, under certain circumstances, to insure the requisite water flow by so manipulating the stirrer as to pierce, break up, or loosen the slaked carbid mass immediately around or at the mouth of the tube, it is obvious that the stirrer need not always be formed with a bent end, or so as to extend radially from the mouth of the tube.”
He also rewrote claim 4 by adding the words underscored in the following reprint:
“4. In a lamp of the kind described, the combination with a water-reservoir, and a receptacle for calcium carbid, of a water-tube extending from the former a considerable distance into the latter and adapted to be embedded in the mass of carbid in the receptacle, and a rod extending through the water-tube, and constituting a stirrer to break up slaked carbid around the outlet of the water-tube, the rod operating to restrict and thus control the flow of water to the carbid, as set forth.”
Thus it will be seen that what this court believes to have been the special feature of the original patent is more clearly and definitely set forth in the reissue. It is made plain that the tube must be of such length as to be always embedded in the carbid, and that the rod extending through the same must be such as would operate to restrict and control the flow of water. The large-sized area of the tube, and as well the length of the tube in relation to the rod placed therein, has the effect of increasing the friction of the water and thereby retarding its flow. There is no suggestion in any of the prior patents that the flow of water may be regulated in this way. All the other elements of the- fourth claim are old, but the combination of such old elements with the rod of a proper size for the restriction and control of the flow of the water is new. That it was useful appears from the extended use to which it has been and is being put. Plaintiffs are therefore entitled tó be protected because the patent discloses invention.
But it is said that the plaintiff Baldwin was not entitled to the reissue because the claim is broadened and not narrowed. Claim 4 of the original patent was an exceedingly broad claim when read without reference to the special feature of the specifications found in the excerpt above quoted. The rod called for by the claim might have been any kind of a rod, provided it extended through the water-tube and could be used to break up slaked carbid around the edge of the tube.
The defendant has invoked the doctrine of intervening rights as a defense to the suit upon the reissue. The final decision of 4he Bleser Case appears to have been entered April 23, 1912. The application for reissue was filed February 5, 1913. As above stated, claim 4 of the patent was narrowed by the reissue. The reissue in the light of the Bleser Case was perhaps reasonably necessary and proper. The court is unable to find from the testimony that there were any intervening rights. The reissue, therefore, in so far as claim 4 is concerned, is valid. Because the lamp of the defendant possesses all the elements found in claim 4, and especially because it has a water-tube extending a considerable distance into the calcium carbid and adapted to be embedded in the mass of carbid, and a rod extending through the water-tube, not only constituting a means of breaking up slaked carbid around the outlet of the tube, but operating to restrict and control the flow of water to the carbid, the defendant has infringed plaintiffs’ rights under the patent, and an injunction should issue to restrain further infringement thereof.
In thus disposing of this case, the court has limited itself to a consideration of the principal questions, without going into details, which are readily found from a large mass of testimony and numerous exhibits. Furthe'r elaboration seems wholly unnecessary.
Let a decree be presented in accordance with this opinion.