229 F. 415 | 7th Cir. | 1915
(after stating the facts as above).
It will be observed that the original claims 2 and 3 were indefinite in form for the want, among other things, of a clause requiring the base plate to be curved transversely of its path of travel. In the absence of the prior art, we may well assume that this alone may have differentiated them from the references in the patent office. Comparison of them shows that they failed in other respects to properly describe the invention for the purposes set out in the specification. New claim 1 is simply an amplification of original claim one, which
While, of course, curved receptacles for holding pamphlets and the like, in connection with printing devices, are not new, yet there would appear to have been something new in the combination of the patent. Appellee’s manager seized upon the idea with avidity. It operated successfully at high speed, doing the work of a number of human hands. With some classes of work it seems to have needed "further adjustment, such as the work on the “Woman’s World,” but as a concept it took the field. It does not appear that it had ever been practically applied to the printing art. We are satisfied from the record that the idea worked a great improvement in labor saving, and has been of real value. The basic idea was the combination of the curved reciprocating base plates curved transversely of their path and having finger points to expel the lowermost article. These we consider somewhat broadly patentable in combination, sufficiently so to dominate ordinary means for effectuating them, with a liberal range of equivalents.
Therefore we conclude that the patent in suit is valid, and proceed to tire question of infringement. Appellee’s contention that it avoided the patent by reducing the curve of its base plate is indefinite. There is no prescribed curve to the base plates of the patent. Appellee insists that its curve is merely for the purpose of giving a stiffening effect to the lower pamphlet or article to be advanced by the feeder fingers. This advantage, if it be one, would be more marked where the curve is considerable. If appellee’s curve be less than appellant’s the difference would be one of degree. There would still be a spacing effect. If appellee’s device produces no such effect, then why is it found necessary to supply a beveled gate block, so as to press the lower article against tire superincumbent mass? It is inevitable that the longitudinal center of the pamphlet or other article should be spaced by the concave base plate at least up to the gate block, which has an almost inappreciable elevation, and the object of which seems to beta flatten the articles so that they will pass under the so-called feed gate to the rollers. This block is .riot a part of the curved base feeding device, but is attached to a cross bar situated below the feeding device. Appellant provides for the feed to the printing rolls in a like flat condition by means of feed rolls, and the evidence shows that "under"ordinary conditions the provision is adequate. We find therefore that appellee’s device used in tire construction of the “Woman’s World” has the spaced longitudinal center. The so-called gate block, if an improvement, is nothing more than that. The principle of operation is the same in both feeders.
Appellee claims that its feeder finger does not enter the space between the two lower articles in the hopper,, but engages the body of the lower article. ' This finger is adjustable to meet the variation in thickness of the article to be advanced. If desirable, appellee’s operator could adjust it within the space or at any operable point below the top of the article. It is nothing more than an equivalent of appellant’s arrangement. The fact that appellant’s curved base plates are made in three sections, while appellee’s are constituted of one piece, does not constitute a patentable difference between the two or modify the combination of the patent. They operate in substantially the same way. Their functions are the same, and tire concept of the two is practically identical. It is urged that the “Woman’s World” device was so modified as to come within the patent, if it did so come, by parties
The decree of the District Court is reversed, with direction to grant the injunction as prayed and order an accounting.