80 F. 995 | 3rd Cir. | 1897
This suit, under the amended bill, is founded exclusively upon letters patent No. 187,825, granted on February 27, 1877, to Alexandre De Beaumont for an improvement in heaters and feeders for steam boilers. In his specification the patentee states:
“The main object of my invention is to utilize the whole or a portion of the exhaust steam of a steam engine, by forcing it into a boiler with a supply of water, in the manner described hereafter.”
Then, after a brief reference to the accompanying drawing, which exhibits a vertical section of the apparatus for carrying the invention into effect, the specification proceeds thus:
“A is the cylinder, to which is adapted a plunger, B, the latter being reciprocated in the present instance from a shaft, D, through the medium of an eccentric, a, and rod, b, and the shaft being driven by the engine. At the bottom of the cylinder is a tubular projection, d, the upper end of which forms the seat for a valve, e, which rises, when the plunger is moved upward, and permits exhaust steam to enter the cylinder from the pipe, E, which communicates with the exhaust pipe of the steam engine. Water is also admitted in the form of a jet, to the cylinder, beneath the plunger, through the pipe, P, which communicates with a hydrant or reservoir, a cheek valve, f, in the pipe, P, opening on the ascent of the pump plunger, and closing on its descent. G is the discharge pipe, through which, and through the chest, H, containing a check valve, the exhaust steam may be forced directly into the boiler.”
The patentee then states that, as the pump operates continuously, he uses in connection with the discharge pipe, G, a device for automatically regulating the amount of water which passes into the boiler, so that it will accord with the requirements of the latter, and
“(1) The combination of the pump, A, the pipe, E, communicating with the exhaust pipe of the engine, valve, e, water pipe, E, and force pipe, G, communicating with the boiler.”
We have already quoted at length everything contained in the specification of the patent relating to the subject-matter of the first claim. That claim, obviously, is for a combination of specified parts. The specification, in connection with the illustrative drawing, shows very clearly the purpose of the invention, and the means devised by the patentee for carrying the same into effect. The invention is designated as “a new and useful improvement in heater and feeder for steam boiler,” and “the main object” is stated to be “to utilize the whole or a portion of the exhaust steam of a steam engine, by forcing it into a boiler with a supply of water.” The operation of the described apparatus is this: When the plunger is moved upward the valves, e and f, are opened, and the exhaust steam through the pipe, E, and cold water through the pipe, F, simultaneously enter into the pump cylinder beneath the plunger. Then, upon the descent of the plunger, the valves, e and f, are closed, the check valve in the chest, H, is opened, and the combined exhaust steam and water-forced directly into the boiler through the pipe, G-. There is no suggestion in the specification, or indication in the patent drawing, that the exhaust steam is to be utilized for any other purpose than thus to supply a hot feed to the boiler. Now, it was not a new thing to-utilize exhaust steam for the purpose stated in De Beaumont’s patent. For a very long time prior to his invention it had been a common practice to supply steam boilers, by means of feed pumps, with water-heated by the condensation of exhaust steam; the cold water and the exhaust steam meeting in a condensing chamber or receptacle, and the water of condensation being pumped therefrom into the boiler. Indeed, the De Beaumont patent purports to be for a mere-improvement in heaters and feeders for steam boilers. Under the-proofs, it is very clear that at the date of De Beaumont’s invention the state of this art was such that no claim was allowable except for the special means devised and described by the patentee for accomplishing the stated purpose. Railway Co. v. Sayles, 97 U. S. 554. Accordingly, we find that the first claim of the patent in suit is fora specific combination of elementary parts. Upon well-settled principles, then, this claim must be construed strictly, and the patenteeheld to the particular arrangement of parts described and specified. Duff v. Pump Co., 107 U. S. 636, 2 Sup. Ct. 487; Bragg v. Fitch, 121 U. S. 478, 7 Sup. Ct. 978; Snow v. Railway Co., 121 U. S. 617, 7 Sup. Ct. 1343; Wright v. Yuengling, 155 U. S. 47, 15 Sup. Ct. 1. Has infringement of this claim by the defendant been shown?
The defendant is the grantee of letters patent No. 256,089, dated April 4, 1882, for an improvement in apparatus for heating buildings. It appears that the defendant erected under this patent three-