266 F. 524 | 3rd Cir. | 1920
The S. S. White Dental Manufacturing Company, assignee of Letters Patent No. 762,289, granted June 14, 1904, to Frank H. Davis, brought this suit for infringement. The District Court found the first claim o E the patent — the only one in issue— valid and infringed. The defendant appealed.
At the threshold of the case there arose a controversy as to what is the subject matter of the patent. Ostensibly the patent is for a ‘'Crown Tooth.” The defendant says that in the nomenclature of the art these words describe a definite and well known article of manufacture, adapted and intended to restore a natural crown, and include a tooth composed of a porcelain facing and a metallic backing and also means — such as a post or collar — for attachment to a natural root. The pertinency of this definition appears from the defendant’s claim that all it manufactured was porcelain facings of teeth — at most only one element of the invention — and that these facings (even though designed after the keyway of the invention) were not used in crowns thus defined; therefore it did not infringe. Although by its title the patent purports to be for “Crown Tooth,” and although the patentee, describing the subject matter of the patent, said in the specification that his invention relates to certain improvements in “crowns for teeth,” it should be noted that he also said his invention relates “more particularly to the manner of securing the face-plate of said crown to the backing.” The face-plate being the front part of a tooth and the backing being the back part, the two make a tooth, whether later the tooth is put in a crown or used otherwise. To these parts, whether separate or joined in a tooth, the patentee makes no claim of invention. His invention resides in the place of bringing them together and the manner of fastening them together. We think the terms of the patent are broad enough to cover teeth whose parts interlock after the manner of the patent. We therefore lay aside the question of the scope of the invention as limited by the title under which the patent was granted.
But the defendant says even so it did not infringe because it made but one of two parts of the tooth, and because the part it made was as susceptible of innocent use as it was of gnilty use. Thomson-Houston Electric Co. v. Ohio Brass Co., 80 Fed. 712, 723, 26 C. C. A.
Differing from teeth of this type with the key embedded in the facing, the prior art also contained teeth with key between facing and backing with keyways in both (Evslin and Ott French patent of addition No. 794 and 1115) and key in the backing and keyway in the facing and also keys and keyways differently positioned, one with the key and keyway parallel to the surfaces of the two parts (Thom’s British Patent of 1857 and Steele’s Interchangeable Tooth) and anoth
In all these arrangements teeth split. But they split more readily in some than in others according to the manner and degree in which the pressure, thrust, or strain from mastication was taken up; that is, according as it was confined to and centered in the facing or carried to and spread over the backing.
The thing Davis claims to have done was not to invent a new element in a tooth but to take old elements from the art and put them in new relation. He put the key in the metal backing. There was nothing new about this. He then gave the key thus positioned an old incline of a prior art facing key. Here also there was nothing new. But when he took these two old things from their separate places in the art and put them together, he brought a new thing into the art, unless Evslin and Ott were before him with the invention of their French patent.
What new thing did Davis do, and what new and useful results did he get merely by combining two elements admittedly old? By placing the key on the metal backing instead of on the porcelain facing, he got rid of the risk of face-plate splitting incident to burning in the key. This alone was not new. But in fastening the key in the backing and cutting a corresponding keyway in the facing on an incline, — that is, in giving an old backing key the old direction of a facing key — he took from the brittle facing the strain of mastication at the place where the key came into compression with it, and (using the incline of the key to draw the entire surface of the porcelain facing flatly against the entire surface of the metal backing), he relieved the former of the strain of mastication and carried it to and distributed it over the. entire surface of the latter. In other words, merely by inclining such a key as was found in Steele, he brought the facing and back-" ing together in such relation that the metal backing instead of the porcelain facing withstood substantially the whole strain and thereby reduced to a minimum the natural tendency of porcelain to split under strain. As we have said, this was new, except, perhaps for the Evslin and Ott invention.
It seems a little thing for Davis to take what was right before him, transpose key from facing to backing and keyway from backing to facing and change the position of both from parallel to incline. Yet, little as it was, it has resulted in this litigation, in which it appears quite conclusively that its achievement — for which both parties are contending vigorously — was an advance in the art which measurably solved the long standing problem of means to prevent splitting of the porcelain part of a tooth.
The District Court found this to be invention. If it is not invention it is only because it was anticipated by the prior invention of Evslin and Ott. These inventors placed a metal key on the backing with a corresponding keyway in the facing of a tooth just as in Davis; but
The reasoning by which we have arrived at this conclusion also bears on the issue of infringement, because the alleged infringing tooth (which in physical structure resembles Evslin and Ott not at all), has, like Steele, a key in the backing, but unlike Steele and yet
For these reasons, tediously recited, we arc. of opinion that in holding the first claim of the patent valid and infringed the District Court committed no error and that its decree must be
Affirmed.