29 F.2d 825 | 6th Cir. | 1928
Infringement suit upon reissue No. 15,533, dated January 30, 1923, granted originally to Atkins, for “Rim Structure.” The District Court held the reissue invalid, and dismissed the bill.
The only question requiring consideration is whether the patentee, in his original ap-. plication, so abandoned the broader aspect of his reissued patent as to make the reissue a forbidden recapture, and as to make clear that the original acceptance of the narrower claim was not inadvertence, accident, or mistake. Grand Rapids Co. v. Baker (C. C. A. 6) 216 F. 341, 351. The patent relates to rim structures for automobile tires, of the construction appearing by this figure: The
tire upon the outer side is held in place by a demountable, split, contractile ring (5), the radially outer (upper) portion of which serves as a tire retaining flange and the radially inner portion (6) of which consists essentially of a flange inclined obliquely to fit the corresponding flange-receiving channel (9) provided at the outer edge of the rim, which channel extends from the rim edge radially inwardly (down) and axially outwardly (left). In the form shown in the patent drawings, this flange carries on opposite sides annular shoulders (15, 18), and the construction is such that the flange fits tightly in the channel, and the shoulders engage with, and overhang, the side edges of the channel. The original application, after formal amendments, presented fifteen claims. Of these about half were carefully limited to structures in whieh the flange carried both of these opposite shoulders — each contacting with the corresponding channel edges — a two-edge contact; the other half, either plainly or probably, called only for one such shoulder, and would be infringed, if tbe flange were in contact with the side and top of the channel at either channel comer — a one-edge contact. All the claims were rejected, upon reference to somewhat analogous, but perhaps distinguishable, structures, some of whieh showed a two-edge contact and one or more of which seemed to show a one-edge contact. Thereupon the claims were amended and the patent taken out, with a limitation in each claim to the two-edge bearing.
Original claim 9 thus abandoned and claim 6 of the reissue are accepted by both counsel as typical upon the critical question. They are quoted in the margin.
This conclusion requires the affirmance of the decree below. Judge DONAHUE before his death participated in the conference discussion and concurred in the decision of this •case, but did not see this opinion.
“9. A rim structure including an annular base member formed along one side with an upturned flange and at the other side with a depending portion provided with an annular ring-receiving channel disposed at an angle oblique to tbe plane of the base member, and a ring separably associated with and seatable at an angle in tbe channel and formed at one side with
“6. A vehicle rim structure for tires having straight-side bead portions comprising, a rim base having an annular channel formed in one of its marginal portions, the outer wall of said channel being inwardly inclined relative to the tire-engaging surface of the rim base and lateially and radially offset therefrom, and a one-piece split self-retaining flange ring having inherent contractile resiliency and embodying a tire-engaging flange, an annular shoulder adapted to seat on the peripheral face of the outer wall of the channel beyond the plane of the outer edge of the base of the tire, and- an oblique annular portion adapted to enter the channel to engage the inner face of the outer wall of the channel, said oblique portion being spaced from the bottom of the channel to insure the seating of the annular shoulder of the ring on the peripheral face of the outer wall of the channel.”