213 F. 471 | 7th Cir. | 1913
(after stating the facts as above).
“He [the patentee] must not put forth a puzzle for invention or experiment to solve, but the description is sufficient if those skilled in the art can understand it. * * • It is no concern of the world whether the principle upon which the new construction acts be obvious or obscure, so that it inheres ir. the new construction.”
“A patentee is entitled, not only to what he specifically sees, but to what has been brought about by his invention, even though not at the time actually seen.”
The rule is well elaborated by the Circuit Court of Appeals for the Eighth Circuit in National Hollow Brake-Beam Co. et al. v. Interchangeable Brake-Beam Co., 106 Fed. 693-709, 45 C. C. A. 544.
Appellant insists that claims 2 and 4 in suit do not come within the construction herein given to the patent. Taken in connection with the drawings and specification, all four of the claims in. suit call for a device in which the so-called line of cleavage, and the cover freed from
“It is allowable,” says Judge Lowell in Jones v. Barker (C. C.) 11 Fed. 600, “to construe the claims of a patent with reference to what has gone before, and to give the patentee the benefit of the restricted claim which results from such construction.” Thus it is apparent that, as stated by Walker on Patents, § 185, “when it becomes necessary to construe a claim narrowly in order that its novelty may not be negatived by the prior art, or its validity otherwise overthrown, courts will give such a narrow construction, if they can do so-consistently with the language of the claim and of the description.”
From the whole patent it is clear that, to make the claims 2 and 4 effective, the so-called line of cleavage, in applying the power to the stirrer-shaft, must be preserved and therefore read into' those claims.
Thus construed, and in view of the absence in the prior art and use of any device showing a wash tub having a cover freed from the weight of the impelling machinery and the so-called line of cleavage at the point where the power is applied to the drive-shaft, which carries the stirrer-shaft, and in view of the other novel features of the claims, we hold the patent to be valid.
Appellant’s device is constructed under the Van -Wormer patent, No. 939,645, dated November 9, 1909. In his specification, the patentee says;
“Ti.e primary object of my present invention is to provide an improved gearing for washing machines of the type specified adapted to be compactly mounted upon the side of the tub, and having such a geared connection with the driving shaft that the tub lid can be raised and lowered at pleasure to remove or replace the agitator mechanism, without stopping the fly-wheel mech*478 anism, and having an improved means for securing the detachable connection between the power shaft and the actuating gear therefor.”
In its advertising appellant makes this feature of its device the center of its appeal to the trade and, of course, claims it to be a new invention. It also appears that appellant has appropriated other elements of the patent, as, for instance, the lever of the second class, specifically claimed by the patentee, and has in various ways proceeded to ignore the patent. In so doing appellant has been guilty of infringement, and was properly restrained by the trial court.
Some question is raised in the briefs as to the sufficiency of notice before bringing the suit. We are of the opinion that the notice was adequate for the purposes of the suit.
The decree of the District Court is affirmed.