226 F. 779 | S.D.N.Y. | 1914
“In combination with a furnace, a blower, means for varying the supply of air to the furnace from- said blower in quantities graduated between the extremes (this signifies that the patentee regulates his blower according to and by means of the pressure of steam in the boiler); means for varying the escape of gases from the furnace in quantities graduated between the extremes (this refers to a damper in the chimney flue capable of adjustment in positions varying from open to shut); and substantially corresponding to the graduated quantities of air supplied to the furnace by the blower (this means that the operation of the blower and flue damper must be made to correspond with each other, i. e., the faster the blower goes the more the damper opens, and e converso); the parts being automatically controlled (the control is by means of the boiler pressure) and so proportioned that a substantially atmospheric pressure is maintained in the furnace.”
The second claim of the method patent (No. 826,349) is illustrative, viz.:
“The method of regulating furnaces which consists in maintaining in the furnace chamber a pressure substantially equal to atmospheric pressure under varying rates of combustion.”
It is thus seen that the object sought by the patentee is the maintenance in the furnace chamber of “substantially atmospheric pressure,” and that the combination which produces the result and the method of its production amount to a device by which as boiler pressure diminishes or increases the blower speeds up or slows down; if the blower slows, the flue damper correspondingly closes; if the blower speeds, the damper correspondingly opens. How much the damper shall move when the blower slows or hastens is empirically determined when the apparatus is put in place by observing the combustion chamber pressure under varying conditions of fire and air; but when the quantum of movement is determined—
“tbe power productive of motion is always tbe steam in tbe boiler, operating through machinery unnecessary to describe, directly on blower and flue damper.”
To maintain “substantially atmospheric pressure” in the combustion chamber of a furnace (i. e., immediately above the fire bed) cannot be a desirable end- — in and of itself. It must be indicative of more important things. The fact is that when the pressure is atmospheric, or substantially so, immediately above the furnace fire bed, there is no great suction of cold air into the furnace when the door is opened; nor, on the other hand, does a tongue of flame lick out into the fire-room when opportunity offers. If the cold air does not enter above the fire bed, nor the flame shoot out, it is evidence that combustion is progressing with evenness, ' and the heated gases are progressing without undue speed through tubes and baffles toward the chimney exit where is situated the flue damper. Thus the maintenance of atmospheric pressure is merely a brief way of expressing the maintenance of favorable and economical conditions of combustion.
"The real defendant in this case is the corporation which placed in the Hotel Astor the alleged infringing apparatus. That defendant cannot logically deny that the maintenance of atmospheric pressure is desirable because it claims to have produced the same thing or brought
It is, of course, denied that the Hotel Astor apparatus infringes. It is said in substance: (a) Defendant’s device does not seek to achieve substantially constant (atmospheric) pressure; and (b) if that result is achieved it is not brought to pass by the same method.
The first denial is thus expresed in argument:
“Tlie theoretically stated operation oí the McLean device results in uniform, pressure of gases in tlie combustion chamber while the proper operation of the Hotel Astor device results in continually varying pressures in the combustion chamber.”
This is, T think, mere juggling with words. Owing to changes in local air conditions, to variations in the quality or quantity of fuel, and even to a higher pressure of wind at the chimney top, all furnace fires have a tendency toward varying pressures in the combustion chamber. It is perfectly true that if the pressure did not change in the combustion chamber McLean’s apparatus would have nothing to do; neither would defendant’s; but it is also true that both sedulously endeavor to prevent those changes and both (if they work) put into operation checks and corrections just as soon as pressure changes or varies.
The second statement of noninfringement amounts to' saying that Hie combination of McLean is not used. As previously pointed out, M cLean’s device automatically operates both on blower and flue damper with a power directly derived from the steam pressure. In defendant’s device the steam pressure operates directly on the flue damper only. According as that damper stops or passes more or less heated gases, the pressure of said gases rises or falls in the combustion chamber itelf, and that pressure causes movement of a swinging blade or diaphragm which mechanically moves the ash-pit damper controlling (he forced draught, i. e., the blower causes an adjustment corresponding to and graduated with that of the flue damper which was actuated direct from the steam chest.
It seems to me that if viewed merely as a matter of verbal construction, McLean’s sixth claim (above set forth) reads directly on the Hotel Astor apparatus.
If viewed from a mechanical standpoint, I perceive no difference between actuating both blower and flue damper directly from the si earn, and applying the power to the flue damper only, and letting it
There is of course no magic in the phrase “balanced draft,” and it is true that inventors before McLean conceived the idea. It is also true that many inventors have sought to control some function of a furnace from or by means of the steam pressure. It is also true that McLean himself had sought to control both the draft below the fire bed and that above the baffles, by or from the steam pressure. But after considering especially Peck British patent 11,033 of 1893, Patterson and Burke 707,865, St. Peter 631,829 and Darrin and McLean 690,931, I am of opinion that no one before McLean sought to control directly or indirectly from the steam chest both draft below the fire bed and discharge above it, and to perform such regulation automatically, so that if the apparatus worked with theoretical perfection the pressure below the fire bed and the partial vacuum above would exactly balance each other. Peck had the idea, but his regulatory devices had to be set by hand, and in all the others worth considering and coming apparently nearer McLean’s device there was no endeavor made to vary the flue damper except from fully open to completely shut.
It is not overlooked that defendants insist that McLean’s flue damper will do no more than this. I am convinced that not only theoretically it must assume graduated positions corresponding to the activities of the blower, but that it does do it when the damper itself is mechanically well constructed.
I have sought to find these defenses in the answer contained in the record, but without success. Defendant’s ability to make them rests largely on the fact that some of the officers and employés of the real defendant were formerly connected with the complainant. It is impossible to reconcile what they say about these plants with what McLean says about the same devices. In my judgment the scale is turned in favor of the complainant by the certificates given by customers and relating to many of the plants enumerated to the Patent Office.
There are other defenses suggested by the answer and mentioned in the brief, but as they have not been adverted to in the course of exhaustive oral argument, no comment appears to be necessary.
Complainant may take the usual decree.