35 F.2d 728 | 6th Cir. | 1929
This is an appeal from an order granting a preliminary injunction on patent No. 1,647,984 for a bathroom fixture, and overruling a motion to dismiss the bill. The motion to dismiss was based upon the alleged aggregative subject-matter of claims 8, 9,16, and 12, which were declared upon. We do not find it necessary to pass upon the questions raised by this motion, but merely consider whether, upon the showing made in the proofs, the injunction was improvidently granted.
The patent is for a bathroom fixture which is adapted to be positioned within an opening in a wall of a bathroom, and which is connected with the bathroom plumbing in such manner that the water may be directed either to-the tub or the shower, as desired. Claim 12 of the patent, quoted in the margin,
The patent drawings show perforated partitions within the casing within which there is a valve mechanism for diverting the hot and cold water to the tub or shower. This mechanism consists of plungers connected for alternative action with a rocker arm. There were, of course, diverter mechanisms performing this same service long before the-patent in suit was taken out, but none of' them, ineluding appellant’s, comprised quite-the same operative mechanism as appellee’s. It is true that appellant’s single intermediatediverter valve accomplishes the same result, but it is more nearly like Lawless, 1,593,127,. than appellee’s. Its device also differs from appellee’s commercial structure, in that it is-attached to the plumbing in such a way that, like Lehnert, 1,228,453, it probably cannot be-removed as a unit without some defacement, or damage to the wall.
All the elements of the claims in suit are-found in the prior art. Appellant seeks to-establish invention, however, upon the ground
A bathroom fixture comprising a casing adapted-to be secured within an opening in the wall structure and having a pair of inlets adapted to be-connected to hot and cold water supply pipes respectively and a plurality of outlets leading therefrom, a valve mechanism for controlling the supply of hot and cold water through said inlets, separate and independent valve mechanism for diverting the flow through any one of said plurality or outlets, said valve mechanisms being arranged within said casing and removable from said wall opening as a unit along with said casing, a single apertured escutcheon plate secured over said opening, a part of the operating means for each of said valve-mechanisms extending through said apertured escutcheon plate and operable from the exterior-thereof.