57 F. 748 | U.S. Circuit Court for the District of Western Pennsylvania | 1893
The Duff Manufacturing Company files this hill against W. Forgie for alleged infringement of a jacking mechanism for screwing and unscrewing oil-well tools. Two devices manufactured by respondent, and known as Forgie Devices Xo. 1 and Xo. 2, respectively, are alleged to iñíringe as follows: Xo. 1, all the claims of patent Xo. 312,316, issued February 17, 1885, to Josiah Barrett, for improvement in lifting jacks, and now owned by complainant; and Xo. 2, the third claim of said patent, the third claim of patent Xo. 455,994, and the first, second, and sixth claims of patent Xo. 455,993, both of said patents being issued to Josiah Barrett, July 14, 1891, and are also owned by complainant. A suit by Forgie against,the selling agents of complainant at Xo. 18, November term, 1890, was heard, and decided at the same time as the present case. See Forgie v. Supply Co., 57 Fed. Rep. 742. As both cases involve the same subject-matter, we refer to the opinion therein for a statement of the parties, subject-matter, state of the art, and the devices of the different parties. Passing over these preliminary matters, we may say; that the question in device Xo. 1 is whether the claims of patent; Xo. 312,316 are broad enough to cover the mechanism therein cm-! ployed. If so, infringement is admitted. ;
ÍÍ; is contended by respondent that the patent is for a lifting; jack, and that the claims are all limited hv the term “in a lifting ¡ jack,” and all save one by the added term “a lifting bar;” that; neither of Forgie’s devices are lifting jacks, nor have they a, lift- ¡ ing bar. It must be noted the patent is not a pioneer one; it. i purports to be and is simply an improvement; nor in its specifi-i cation or claims is it asserted that it pertains to any mechanism! other than one variety of a large class, viz. to a lifting jack, j Knight’s Dictionary enumerates many different kinds of jacks,; all designated by name, and a number of additional ones are noted'* in tbe Century Dictionary, where it is also stated that the character of the jack is specified by the use of a fitting word, so that i the compound word designates the function of the particular jack. The specification says:
“llv invention relates to an improvement In lifting jacks, Hie object of said invention being to provide for a continuous movement of tbe lifting bar, said movement, either up or down, being effected equally by both the up* stroke and the down stroke of the operating lever; and to this end my invention consists, in general terms, in the construction and combination of parts, all as more fully hereinafter described and claimed.”
The words employed throughout the specification, “lifting jack,” “to lower the lifting bar,” “the down stroke,” “the lower limit of its motion,” “a toothed lifting bar,” all show that the only species of mechanism, power, or application in mind was in an up and down motion; that it was adapted to a lifting jack; and that the
“Tlie Barrett jack, having a stationary base and a movable rack bar, is particularly adapted for lifting; while if you place it on the floor of the derrick, and attempt to wrench a drilling-tool joint, one wrench being engaged with the tools much higher than the other, the outer ends would not come In line. Consequently the outer end would be hoisted in the air, and let go its hold, and leave its position; and, if you did succeed in holding it to the floor hy any possible device, you would have to change the position of the base several times in the process of wrenching up a joint which would make it practically useless.”
We are of opinion the claims of patent No. 312,316 are so limited that the respondent’s devices do not come within them, and infringement is not made ont.
In Forgie’s device No. 2 infringement is claimed of sundry claims in patents Nos. 312,316, 455,993, and 455,994, as above noted. We have already disposed of the question involved in the first patent. On May 10, 1892, after the issue of the other two patents to Barrett, Forgie made an application (serial No. 432,471) for a patent •for the No. 2 device, in which his first, second, and third claims are in the identical language of the claims already allowed Barrett in the first, second, and sixth claims of No. 455,993, and his fourth claim is identical with the third claim allowed Barrett in. No. 455,994. The application has been placed in interference with Barrett, and is undetermined, but, as the case stands, the prima facies of Barrett’s patents must prevail over the proofs of priority before us. The construction placed upon device No. 2 hy Forgie and his counsel in these claims thus made and still being followed up may he regarded as virtually such an admission of infringement as renders a discussion of the mechanism of this device with, the identical claims in the Barrett’s patents, alleged to he infringed, unnecessary. Suffice it to say, we are satisfied no anticipation has been shown and infringement is made out, unless — First, the claims of both the Barrett patents are so restricted by reference to the lifting-jack patent No. 312,316, before referred to, as not to embrace the variety of jack used by Forgie; or secondly, because the curved track as used in the Forgie device is not embodied in the claims of the said patents. The first objection is met by the fact that while patent No. 455,993 states, “My invention relates to the same general class of jacks as are set forth in letters patent No. 312,316, granted to me February 17, 1885, and has practically the same object in view,” yet in other parts a broader meaning or definition is given by the applicant to the term “lifting-jack” than we have felt constrained to put on it in considering that patent. This broader meaning he has a right to put upon
“My invention relates to what might generally be termed ‘lifting jacks,’ that is, to power mechanism in which a step by step movement back and forth is obtained, said mechanism being actively operated in one direction to move or raise a load, and passively operative -in the other direction to control the movements of a load, such as in lowering a load lifted by the jack. By such terms it is, of course, to be understood that the invention includes any device embodying its principle, whether the power is exerted in a vertical, horizontal, or other Une.”
In Ho. 455,994 the language is still broader in some respects, and by the insertion of a contemplated “curvilinear” movement in express terms. In both patents the claims now contended for are “in a jack,” using the broad generic term. We think the patents come within the spirit of the decision in Electric Co. v. La Rue, 139 U. S. 601, 11 Sup. Ct. Rep. 670, and that the claims should not have the narrow construction contended for. We are unable to read into the claims, from the mere reference made in the specifications to patent No. 312, 316, the limitations of a “lifting jack” and a “lifting bar” contained in the claims of that patent. In regard to. the second point, we are of opinion that the use of a curvilinear track is such an analogous use as comes within the claims. Indeed, such a motion is expressly stated in the specification of one patent, as we have seen. We are therefore of the opinion device Ho. 2 infringes the first, second, and sixth claims of patent No. 455,993, and the third claim of patent Ho. 455,994 Let a decree be drawn.