60 F. 93 | 2d Cir. | 1894
In the manufacture of beer it is desirable that the pressure generated within the cask by the process of fermentation should be relieved before it accumulates to such an extent as to burst the cask. This is accomplished by the use of a vent bung, or bunging apparatus, provided with a valve arranged to resist such pressure up to a certain point, and then automatically to open and allow the gas to escape. Various forms of safety valve have been invented and used for this purpose. While beer is in the fermenting stage, hop tar and other sticky substances are expelled from the cask, and this, of course, makes it desirable that the apparatus be so constructed as to provide against injurious effects from sticking or fouling of the valve. The inventors in their specification state that the object of their invention is—
“To provide an automatic pressure-relief valve, adapted to be used on fermenting casks containing beer and like material, wbicli will not foul, and whereby the automatic action of the valve is made more certain; and our invention consists — First, in a pressure-relief apparatus provided with a mechanical fit valve surrounded by a body of water; and, secondly, in a pressure-relief apparatus having a body of water interposed between the pressure generator and a mechanical fit valve in the line of the escaping gas, and through which it passes.”
Thus, as the specification states, the inventors “surround the valves with a liquid medium, preferably water, whereby the hop tar is diluted, so as not to stick the valves.” The water chamber or chambers are, as complainants contend, the distinguishing feature of the patent, — the water chamber above the valve seat being the subject of the first claim; that below the valve seat, the subject of the second claim. Infringement of the first claim only is charged. That claim reads as follows
“(l).In an automatic pressure-relief apparatus, a mechanical fit valve, in combination with a surrounding chamber, K, for containing water to prevent the valve fouling, for the purpose set forth.”
The chamber, K, is so located that water placed therein will be above the valve seat. This patent'was before the circuit court, northern district of Illinois, in Consolidated, etc., Co. v. Woerle, 29 Fed. 449, which construed this first claim as for a combination of the particular kind of mechanical fit valve known as a “Knife-Edge Bearing Valve,” with the water chambers. The circuit judge, in the suit at bar, apparently followed this construction, for, in a brief reference to the evidence, he says no one “invented or used the combination of the knife-edge mechanical fit valve with the surrounding water chamber of this claim, prior to its invention by these patentees.”
*‘T is a tap to enter the cast; * * * N. a T-pipe joint, having inserted in the lower end a depending pipe, P, [which, wi1h an elbow,] enters a bulb, O. * * * Screwed into the upper end of the bulb is a short pipe, R, having a broad threaded flange, S, which servos as a support or base for the mechanism of the relief valve proper. A broad groove in flange, S, immediately surrounding the upper end of pipe, R, contains a rubber packing, a, which forms the seat of a valve, B, having its stem, made in a cross shape and having a knife-edge hearing. Surrounding the base of the valve is a cylindrical guide, slotted so as to make a series of posts, * * * and outside of this guide lies a rubber or other annulus, b, as a packing for the lower end of a glass cylinder, H. ⅜ * ⅜ On the upper end of the valve stem is placed any desirable weight, g, to set the valve at any given pressure,” etc.
The modified device is thus described:
“X is a tap; * * * a prolongation of the tap pipe, p, enters some distance into a chamber, R, formed by a metallic cylinder, 5. This cylinder has a diaphragm, 6, corresponding in construction to flange, S, in Fig. 2, and from this diaphragm depends a pipe, 7, which passes,” etc.
In the last-quoted description there is no reference to a valve "stem made in a cross shape and having a knife-edge bearing,” nor do the drawings therein referred to show such a structure.
Except for the italicized phrase quoted in the first of these descriptions, there is no reference whatever in the specification to a knife-edge bearing valve. Nowhere is there pointed out any advantage arising from the use of that particular form of mechanical fit valve. There is no suggestion that anything depends upon the bearing being of this shape, — nothing to show that such a construction was regarded by the patentee as an improvement, to be covered by his patent; and the claim is not for a combination with a knife-edge healing valve, but for one with a mechanical fit valve, which term, as has been shown, covers many other bearings besides the knife-edge. This case is, in these respects, similar to Delemater v. Heath, (decided by this court October 17, 1893,) 7 C. C. A. 279, 58 Fed. 414, and a construction of the first claim which will confine it to knife-edge bearing valves cannot be sustained.
The knife-edge bearing being thus disposed of, the next question to be settled is whether this first claim covers a combination of three dements, or of two. Is it for (1) a mechanical fit valve, (2) a water chamber surrounding the valve seat, and (3) water in such chamber; or, for (1) a mechanical fit valve, and (2) a chamber adapted to contain a body of water surrounding the valve seat, without special regard to whether water be actually used in such chamber or not? Before answering this question a brief reference to the state of the art is desirable. Several varieties of vent bungs and bunging apparatus have been put in evidence, and considerable testimony given
DEFENDANT’S EXHIBIT.
Schaefer Yalve, American Bier Brauer, 1872, as Made up to 1874.
Whether this form of safety valve was used, with water introduced above the valve seat, prior to the date of complainant’s invention, is a matter of contention between the parties; but, whatever uncertainty there may be as to the date, the evidence leaves no doubt that it is capable of such use. Witnesses, who themselves repeatedly in-
The decree of the circuit court is reversed, and cause remanded, with instructions to dismiss the bill, with costs of both courts.