104 F.2d 553 | 7th Cir. | 1939
Plaintiff-appellant filed a bill in equity alleging infringement of original patent No. 1,768,503 issued to one Byerlein, for a drawing press, said patent now being owned by plaintiff. During the pendency of the suit the original patent was reissued, and thereupon, plaintiff filed a supplemental bill of complaint based upon the reissue patent No. 20,042. The bill prayed injunctive relief, accounting of profits, and damages. Issue was joined on the supplemental bill, and the reissue patent is the subject of the present litigation. The issues raised by the pleadings and evidence presented three questions to the District Court:
1. Did the reissue patent disclose” invention over the prior art?
2. Did the accused machine of defendant infringe on plaintiff’s machine?
3. Did plaintiff exercise good faith with the Patent Office in the proceedings for securing the reissue patent?
The District Court held, with the defendant on the first question, and, on the basis of such holding, plaintiff’s bill .was dismissed for want of equity. The second and third questions were disposed of adversely to defendant. The conclusions of law were (1) that the patent claims herein involved were anticipated, or involved no invention over the prior art; (2) that defendant’s accused machine embodies the features of construction set forth in the plaintiff’s claims, and (3) that the proceedings in connection with the reissue did not violate 35 U.S.C.A. § 64.
The patent claims of plaintiff which are now involved are" Nos. 13, 17, 20, 21, and 24-32 inclusive. It is agreed by both parties that claims 24 and 26
The downwardly moving slide, which is first actuated, moves downward to a clamping position and dwells, and clamps the metal blank which is to be drawn; the second slide moves downward, within the first, to a drawing or pressing position and likewise dwells; then a third slide moves upward to a drawing position and upon completion of this third movement all the slides are released and brought back to their original positions. The degree and speed of swing of the toggle link device determine the period of dwell of the first and second slides. The third upwardly moving slide operates during the period of conjoint dwell of the first and second slides and completes the drawing operation. It operates by means of a crank mechanism.
Dies are attached to the slides but these do not enter into the litigation as no patent claims relate to dies.
As stated above, the period of conjoint dwell is effectuated by toggle links. The toggle linkage which connects with the driving power, and controls the outer slide, is independent of that which connects with and controls the inner slide, but the timing relation is fixed. Each toggle link is pivotally connected at its center and operates spherically or in a rocking motion.
When the connecting arm of the toggle link extends straight it exerts its maximum pressure downward; as the toggle continues its motion it will “break” the straight line downward, and as the angle of “break” from the perpendicular increases by the spherical motion the pressure downward will be removed. While the pressure is being exerted downward by proximity to a straight line, the period of dwell exists. The period of dwell of the inner slide will be less than that of the outer slide and, as stated above, the degree and speed of swing determine the period of dwell.
In our opinion the disclosures of plaintiff’s patent do not constitute invention over the prior art. No one previous patent or machine employed all of the mechanical features which are disclosed by the patent in suit; but unless the assembling of the features of the prior art of metal pressing, or drawing, machines, so as to make them usable in pressing or drawing metal blanks for automobile bodies constituted invention, plaintiff’s patent is invalid.
Although highly involved, the essential features of plaintiff’s patent are not new— the movement of one die slide in a direction counter to other die slides and the toggle link device to cause a conjoint dwell of two or more die slides to obtain two or more drawings in one continuous operation. They were well known in the prior art and were used for the same general purpose that plaintiff seeks to use them — the pressing of metal into a desired shape by one operation; and a dwell by toggle linkage was employed by the prior art to such end. Examples of triple-action presses, such as plaintiff’s, are found in Butters and Morgan of the prior art. Butters, No. 353,439, disclosed a machine for pressing metal wherein one plunger operated a die downward and dwelt, a second plunger operated within the first and pressed a second die downward and dwelt, and during the conjoint dwell a third plunger operated a third die upward to make a reverse draw. No toggle linkage was employed; a separate reciprocating movement was imparted by means of “eccentrics.” Defendant defines “eccentric” as a cam while plaintiff interprets it as a variant of a crank. This difference, however, is not relevant to the purpose of our present reference to Butters. Butters is referred to in order to show that a triple-' action press with a reverse draw for pressing metal preceded plaintiff’s patent. The particular mechanism for operating used by plaintiff was not preceded by Butters.
Butters’ patent was issued in 1886 and Morgan’s in 1884. The triple-action press making a double draw has thus been known for at least some fifty years and, as defendant has pointed out, such knowledge has been published in trade journals. In the 1917 edition of Machinery’s Encyclopedia, about ten years prior to the application for plaintiff’s original patent, there appeared an informative article which indicated an extensive and widely recognized knowledge of a high degree of development and use of multiple-action, toggle-drawing, and double-drawing presses.
The toggle link device for obtaining a dwell or pause in the pressure of a press, during which dwell there is a counter pressure, is also taught by the prior art. Klocke, No. 945,550, assigned to Bliss Company, created or disclosed a toggle link operated triple-action press which equals the ingenuity of plaintiff’s patent. In Klocke’s patent a lower slide moved up and dwelt by Toggle links, an upper slide moved downward, and dwelt by the same device, and ihen a third slide came down during the conjoint dwell. Thus the dwell was by opposing slides which obviously is not less involved than dwells by parallel slides.
Leavitt, No. 388,698, is a simpler form of press, but completely discloses the function and utility of the toggle link. This was a double-action press without reverse draw in which the outer downward slide dwells and the inner one draws. The specifications of this patent recite that cams may be used to impart motion and pause; but due to strain on the cam-surfaces rapid wear takes place which renders them inaccurate and therefore toggle links were employed to impart motion and pause. It is exactly this principle which plaintiff employed.
Langbein, No. 711,926, employed four slides with a double-draw and utilized toggle links.
There are other specific instances of the use in the prior art of toggle links as a part of the mechanism for pressing metals with a dwell in operation. The
The lower court stated that it was less than genius “To take Morgan and Butters, and by means of eccentrics and toggles and cams, and applying power to them, make them work.” Plaintiff, of course, insists it was the first to join the two for use in the automobile industry. But the following statement by the Supreme Court is pertinent: “ * * * we find that the patent is invalid. It consists of a combination of elements all of which were old in the art. * * * Neither the combination of old elements or devices accomplishing no more than an aggregate of old results * * *, nor the use of an old apparatus or appliance for a new purpose * * * is invention.”
With regard to size, the Supreme Court has stated that “obviously a mere change in proportion would involve no more than mechanical skill and would not amount to invention.”
A review of the patent now in suit reveals only an assemblage of old mechanical devices for, at most, a similar use — not a new or different use — accomplishing an aggregate of former results in the art, without disclosing any new functions; and we are of the opinion that the combination accomplished by Byerlein “fails to show that exercise of invention, producing a novel and useful result from the co-operating action of the elements, which is essential to distinguish patentable combination from an aggregation of old elements so placed by mechanical skill as to do work more rapidly and economically.”
The decree of the District Court is affirmed.
Claim 24. “In a drawing press of the class described, a frame, a press bed in said frame, a die slide movable in .said frame, toggle links connected to said slide for operating it with a dwell in its movements, a second die slide slidably mounted within said first named slide, toggle links connected to said second ■slide for operating it with a dwell in its movements independently of the first slide, and drive means for said toggle links.”
Claim 26. “In a drawing press of the class described, a frame, a press bed in said frame, a die slide movable in one direction in said frame, toggle links connected to said slide for operating it with a dwell in its movements, a second die slide slidably mounted within said first named slide and operable in the same direction, toggle links connected to said second slide for operating it with a dwell in its movements independently of the first slide but with a conjoint period of dwell for said two slides, a die slide mounted in said frame for reeiprocatory movement in a direction counter to that of said first two slides, and drive means for effecting sequence operation of said several toggle links and connected slides and said third die slide whereby said third die slide performs its drawing movement within said period of conjoint dwell.”
In re Becker, Oust. & Pat. App., 101 F.2d 557; Coffield v. Sunny Line Appliance., Inc., 6 Cir., 297 F. 609.
The following excerpts are copied from Machinery’s Encyclopedia, Vol. 5, pp. 149, 152, 153.
“Presses, Power. The ingenious designs and types of dies and power presses which have been developed have made it possible to produce many classes of work so rapidly that a great variety of parts are now made of sheet metal which formerly were cast, forged, or cut to shape in some type of planing or milling machine; in fact, the development of dies and power- presses has revolutionized many manufacturing methods and made - it possible to produce, on a commercial scale, high-grade but inexpensive mechanical devices, the cost of which would be excessive if any other method of manufacture were employed.”
“Classification of Presses. * . * * As examples of names which indicate the nature of the -work for which the press was designed,' there are drawing, emboss-' ing, trimming, punching, forging, wiring, and perforating presses, etc. The construction of presses for these different classes of work varies considerably, there being single-action, double-action, triple-action, multiple-crank, cam, knuckle-joint, and toggle presses. As is apparent, these names are based on constructional features and indicate particularly the nature of the mechanism which operates the slide or ram of the press.”
“Double-Action Presses. — The double-action type of press is extensively used for drawing cylindrical or other circular shaped parts from flat sheet-metal stock. There are two slides which are operated independently; hence, the name double action. The outer slide is for operating the combined blanking die and blankholder of the double-action drawing die, whereas the inner slide operates the inner plunger or die which draws the part to shape. These slides may be actuated either by cranks, cams, or a toggle mech
“Toggle-drawing Press. — Double-action toggle-drawing presses are preferable to drawing presses of the cam type, in all cases where the blanks have been previously cut (even though the stock may be heavy), or where the metal to be cut and drawn simultaneously is of comparatively light gage. The inner plunger of the toggle-drawing press is actuated by the main crankshaft * * * and the outer blank-holder slide receives its motion from two rockshafts connected by a system of links with the main shaft. This form of drive imparts a more uniform pressure to the blank than is possible with cam-operated drawing presses. The plunger to which the drawing die proper is attached is guided on the inside of the blank-holder slide and connected to the crank by an adjustable pitman.”
“Double-drawing Press. — Double-drawing presses differ mechanically from the ordinary double-action press in having three instead of two moving slides, and, therefore, might appropriately be called triple-action presses. The principal reason for tliis design is to save time and increase production by making two drawing operations on a single article with one stroke of the press or to draw and redraw, or redraw twice, in a single operation. This type is particularly adapted for articles that require more than one drawing operation to reduce them to the required dimensions. The economy resulting from this method of drawing is not entirely due to the rapidity of mechanical production, but also to the fact that the shells require less handling and more space is occupied by the machinery and partially finished work. In addition, the annealing of shells between operations is unnecessary with the double-drawing press, because one drawing operation immediately succeeds the other and the heat generated in the first operation remains in the shell. * * * The double-drawing press, as built by the E. W. Bliss Co., is constructed with a movable bed which carries the first- and second-operation drawing dies one above the other, and which rises, thus moving the dies upward to meet the stationary blank-holder. Then the first-operation drawing punch actuated by a toggle mechanism descends, drawing the first-operation shell, after which it remains stationary and acts as a blank-holder for the second drawing operation, when the punch attached to the crank-actuated cross-head descends and completes the second drawing operation. As the movable bed descends, the drawn shell is ejected from the die. All the moving parts of this press are counterbalanced during their upward and downward movements by a hydraulic plunger and accumulator system.”
Powers-Kennedy Contracting Corp. v. Concrete Mixing Co., 282 U.S. 175, 51 S.Ct. 95, 99, 75 L.Ed. 278.
247 U.S. 426, 38 S.Ct. 547, 550, 62 L.Ed. 1196.
7 Cir., 103 F.2d 674, April 14, 1939.
Powers-Kennedy Contracting Corp. v. Concrete Mixing Co., supra.
7 Cir., 99 F.2d 20.
Grinnell Washing Machine Co. v. Johnson Company, supra.