129 F. 598 | U.S. Circuit Court for the District of Northern New York | 1904
This is a bill for infringement of United States letters patent No. 359,354, granted March 15, 1887, to Henry S. Hale, and by him assigned to complainant. The patent relates to car seats in which the seat proper may be automatically tipped or tilted, and shifted or moved slightly forward by the act of reversing the back. The defendant is a purchaser and user of the infringing seats. They were manufactured by the St. Louis Car Company, a Missouri corporation, which, according to the stipulation found in the record, assumed the defense herein, and hence may be regarded as the real defendant. The first claim of the patent, which alone is involved, refers to a combination of four elements, and reads as follows:
“Cl) In a seat, the combination of the main frame having cam faces or guides, a seat-supporting frame having racks and working upon said cam faces to admit of reciprocation and to tilt the seat, the seat back, and connecting arms for hinging the seat back to the frame, provided with gear segments meshing with the rack on the seat-supporting frame, whereby the said gear segment shifts the seat with a uniform movement and locks the frame against vertical displacement, substantially as and for the purpose specified.”
The defenses relied on are anticipation and noninfringement. The specification points’ out that the objects of the patent, briefly stated, are: (1) To enable the seats having high backs to be reversed in a limited space, suitable for use in railway cars; (2) to hinge the back of the seat firmly to the arms locking the same, so as to prevent oscillation until the back is raised from the seat to a vertical or nearly vertical
“The seat-back arms are pivoted close to the seat, and connected by means of a rack and pinion device with a seat-carrying frame, the seat frame itself running upon supporting means, such as guides or cam faces, whereby, as the movement of the seat back is imparted to change it from one edge to the other of the seat, the seat frame will be given a uniform movement towards the edge, which is for the time being to constitute the front, and will be held locked in such position, the act of moving the seat frame in the manner noted imparting thereto also a tipping or tilting of the front edge.”
Notwithstanding the many prior applications found in the record, the prior art is within a very limited field. It is practically conceded on both sides that the only references to which attention need be given are the Gardner patent, No. 250,435, dated December 6, 1881, and the Paulding & Maybeck, No. 281,129, granted about three years before the filing of the application for the patent in suit. The earlier patent relates to reversible car seats, but does not appear to have any of the elements of the patent in suit. It describes a tilting or raising of the seat, and not a forward movement, as specifically pointed out in complainant’s structure. The Paulding & Maybeck patent relates to car seats having reversible backs, and, according to defendant, discloses the identical function found in the combination of claim 1 in suit. The differentiating structural features consisted in the manner in which the seat was moved. The movement of the seat was owing to a reversal of its attached pivoted arms from one position to the other; their lower ends engaged between two projecting pins or teeth. Thus,
“The idea of pivoting the back-supporting arms close to the seat, and shifting the seat thereby, broadly, is not new, as somewhat the same principles are embodied in patent No. 281,129; but my improved device, by which this result is accomplished in so perfect a manner, and whereby additional advantages are attained, is new, as far as'I am aware, and renders what was heretofore an unsatisfactory, and, I may say, impracticable, device, now operative with the highest degree of utility and comfort”
The alleged mechanical equivalency of the complainant’s structure, and the asserted impracticability of the broader Paulding & Maybeck patent, were directly brought to the attention of the Patent Office. It may therefore be fairly assumed that on comparison of the two patents a conclusion was reached inimical to the defendant’s claim. For this reason the presumption of the validity of the patent here considered is entitled to increased weight. The conclusion that the two devices are not equivalents is strongly supported by the action of the Patent Office, and, accordingly, all doubt upon the controverted, question of anticipation must be resolved in favor of the patent. Fraim v. Keen (C. C.) 25 Fed. 820; Goodyear Co. v. Gardner, 4 Fish. Pat. Cas. 224, Fed. Cas. No. 5,591. It has been suggested that the alleged anticipatory patent was incapable of practical operation. A contrary view does not satisfactorily appear from the proof. An assumption of successful operativeness is negatived by the evidence. Upon this point complainant’s expert witness Hains lays much stress. He testifies regarding the Paulding & Maybeck patent, in substance, that the connections between the lower ends of the cams G, and the rocker frame are so loose that a uniform movement is impossible, and that a vertical displacement of the rocker frame is liable to occur in turning the back of the seat. This evidence based upon the Paulding & May-
Infringement. An analysis of claim 1 of the Hale patent, together with an examination of the defendant’s structure, discloses the infringement by which complainant feels aggrieved. True, there are dissimilar features in defendant’s structure, but the details in construction, while differing in appearance, are functionally the same. Substantially the same combination of elements arranged as presented in claim 1 are found in defendant’s structure. The infringing car seat has a main frame, having cam faces or guides, slightly inclined, to enable the rocker frame to be reciprocated as it moves backward and forward. A seat-supporting frame and suitable rack are adjusted to reciprocate upon the cam faces or guides so as to tilt or shift the seat. It also appears that the arms of the seats are connected with the main frame, and are provided with gear segments meshing with the rack on the seat-supporting frame, which is adapted to uniformly move or tilt the seat, locking the frame against vertical displacement. The patent in suit is not limited to the precise construction described in the claim, and therefore the different appearances of the mechanism are wholly immaterial.
I conclude that claim 1 is infringed by the defendant, and that the complainant is therefore entitled to an accounting, with costs. The patent having expired, no injunction will issue.