121 F. 988 | 8th Cir. | 1903
This is an action to restrain the infringement of letters patent No. 446,230, issued tOi Will F. Hoyt on February 10, 1891, being the same patent that was before this court for consideration at its last term in a case entitled “Dowagiac Manufacturing Company v. Minnesota Moline Plow Company,” 118 Fed. 136. In that case the court was unanimous in holding that what was there termed the “McSherry old structure” (a cut of which appears on the adjoining page) was an infringement of the device described and covered by the patent issued to Hoyt (a cut whereof, including the clamping plates, PP', also appears on the opposite page). In the case formerly decided by this court the crucial question that was involved as respects the McSherry old structure was whether an infringement was avoided by dispensing in the latter device with the clamping plates, PP', which were described in the Hoyt specification. This court adopted, through comity, the view of the Circuit Court of Appeals for the Sixth Circuit in McSherry Manufacturing Company v. Dowagiac Manufacturing Company, 41 C. C. A. 627, 101 Fed. 716, that the drill covered by the Hoyt patent disclosed patentable novelty;
The elements of the combination covered by the first and second claims of the Hoyt patent, which are very similar, consist of the transporting wheels and frame of the drill, the hopper or boot, the shoe attached to the draft rods, the clamping plates, PP', the spring rods, the forked arm coupled to said rods, and means for raising and lowering the arm. The third claim describes the plates as having “shoulders bearing on the draft rods,” but in other respects it corresponds with claims I and 2. The drill manufactured under the patent of Denyes & Schutt responds very plainly to the claims of the Hoyt patent, except as to the clamping plates. It has, of course, the transporting wheels and frame, the hopper or boot, the shoe, the draft rods, a spring pressure rod, a forked arm coupled to the spring-rod in front instead of behind the boot, which is immaterial, and means for raising and lowering the arm. It is true that the defendants construct their drill with one spring rod instead of two, making it apparently somewhat heavier than either of the two rods of the Hoyt drill, but this single rod is a plain equivalent for the two rods
It is urged, however — and this is the principal contention on the part of the appellees — that the charge o.f infringement is not sustained, because the clamping plates, PP', of the Hoyt drill, are not found in the appellee’s drill. Referring to this contention, we repeat, in substance, what has already been said, that this court decided in Dowagiac Mfg. Co. v. Minnesota Moline Plow Co., 118 Fed. 136, following in that respect the previous decision in the Sixth Circuit, that the clamping plates, in the form shown by the Hoyt specification, are not of the essence of the invention therein claimed; that the clamp
It is so ordered.