281 F. 423 | D.C. Cir. | 1922
Appeal from concurrent decisions of the Patent Office awarding priority to the appellep, Grey.
The invention relates to casting dies, into which molten metal is forced under pressure. In the prior art imperfections had been found at the surface of the casting adjacent to the opening leading into the
“1. A die or mold for pressure casting for forming a tubular metallic body, sueb die or mold having therein a feed duct through which the molten metal is forced under pressure, a distributing chamber or feeding chamber for receiving the molten metal from the feed duct, a narrow annular gate through which the molten metal is forced from the feeding chamber, a tubular mold cavity for forming the tubular body into an end of which the narrow gate opens, the gate being of less cross-sectional area than that of the contiguous part of the mold cavity for the tubular body to be cast, so that a terminal shoulder will be formed upon the end of the tubular body adjacent to the gate, whereby after the casting is removed from the mold or die the boss or projection which has been formed thereon by the surplus metal which was contained within said terminal feeding or distributing chamber may be severed or cut off from the end of the tubular body at a point adjacent to said shoulder.”
“5. A die for pressure casting having a tubular mold cavity and a flow conduit leading into the annular end thereof through a gate stricture formed to mold a reduced sprue section on the annular end of a tubular casting.”
“8. A die for pressure casting comprising a core and separable complementary parts recessed to form a tubular mold cavity around said core and a gate stricture around said core leading into the end of said tubular mold cavity and a flow conduit leading into said gate stricture.”
The tribunals of the Patent Office have found, and we accept their finding, that Grey has established conception as to all the counts of the invention in October of 1916, followed by reduction to practice.
As to the first four counts of the issue, Bungay alleges conception and disclosure in January of 1917, and reduction to practice in February of that year, while as to the last four counts he alleges conception and disclosure as of December 15, 1915, with January 1, 1916, as his date of reduction to practice. We accept the ruling of the Patent Office as to the narrow claims, Nos. 1, 2, 3, and 4, that Bungay cannot prevail, owing to the averments of his specification.
We come now to consider the broader counts, Nos. 5, 6, 7, and 8. It was found by the tribunals of the Patent Office, and not seriously disputed, that Bungay’s casting die (Exhibit No. 9) was made in January of 1916, and that dental tool handles were successfully cast therein in that or the following month. The first shipment of handles was made on February 2d of that year. This die and handles cast therein are before the court and will be discussed presently.
The Examiner of Interferences was of the view that the terms “gate” and “sprue” have no> very definite meaning in the casting art, but that as used in the counts of the issue “sprue” means the solid metal formed in the channels leading to the impression cavity, while “gate” means that part of the channel adjacent to the impression cavity and where the sprue is formed. The Examiner’s understanding of the meaning
Claim No. 5 calls for a reduced sprue section “on the annular end of a tubular casting.” In claim No. 6 this section is described as “projecting from the annular end of a tubular casting,” while in claim No. 7 there must be a “demarcating shoulder at the juncture of the casting and sprue.” We already have ruled that the gate stricture found in Exhibit No. 9 actually produced a reduced sprue section at the point called for by these claims, and we are further of the view that this reduced sprue section necessarily projects from the annular end of the tubular casting, as called for by the claims. The demarcating shoulder at the juncture of the casting and sprue clearly appears in the drawing.
It thus appears that, months before Grey entered the field, Bungay
It results that the decision of the Patent Office will be affirmed as to counts Nos. 1, 2, 3, and 4, and reversed as to counts Nos. 5, 6, 7, and 8.
Affirmed as to counts Nos. 1, 2, 3, and 4.
Reversed as to counts Nos. 5, 6, 7, and 8.