52 F. 215 | 7th Cir. | 1892
(after making the foregoing statement.) In conformity with the ruling of the supreme court in the case of Corn Planter Patent, 23 Wall. 181, 218, it was right, we think, to construe the claims of the patent in question as embracing the devices shown in the specifications, each claim being regarded as including such devices
The devices and combination described in the reissued letters are not different from those of the original patent, and as the corresponding •claims of both must be regarded as limited by the devices, we do not perceive that in any of the reissued claims there appears or is asserted an invention different from or which is expanded beyond what was originally claimed. There is therefore no reason for pronouncing the reissue invalid.
In respect to Church’s invention and its advantages, the court below declared its “distinctive characteristic” to be “that the winding and hands-setting engagements are not effected by the direct force of the push and pull upon the stem arbor;” “that Church seems to have been the first in the art to obtain the winding and setting engagements by means of springs, which were brought into action by the inward and •outward movements of the stem arbor, thereby avoiding the liability to injure the wheels;” that, while Church did not invent the short stem .arbor, with its latch or lock, “he has adjusted and attached [adapted] what he did invent to be used with such stem arbor, and * * * has the right to claim that his winding and hands-setting train has no positive connection with the stem arbor, as he has by means of his sliding block, N, within the movement, secured all the results which would be accomplished by a longer stem arbor.”
After a careful examination of the patents exhibited in proof of the prior art, and especially in view of the Woerd patent, which, it is conceded, differs but little, mechanically, from the Church, we are notable to see that in the broad sense stated Church was the first to obtain the winding and setting engagements by means of springs, or so as to avoid liability of injury to the wheels. In the Woerd watch the winding or normal engagement is effected by the operation of a spring, e, and the same spring is in some measure effective, manifestly, to prevent injury to the wheels when the opposite engagement is accomplished, as it must be, by an outward pull of the stem arbor, whereby the lever, T, is pressed upon the arm,/, of the plate, b, pushing it inwardly, and swinging the yoke, V, so as to effect the setting engagement. As it is here used, the spring plays an important part in respect to both engagements, being the active force that produces one, and a resisting force which tends to
Church’s invention, however, has superiority over Woerd’s, Hoyt’s, Carnahan’s, or any other which has come under our notice, resulting, not from any particular part or element of the device, but rather from the combination and arrangement of the parts as a whole. That combination is new and useful, and its peculiar usefulness consists, as we think, not so much in the springs and consequent protection of the wheels, as in the fact that the declared object of the invention, namely, “ to render watch movements and cases readily interchangeable,” is better accomplished than by any preceding construction. By transferring Carnahan’s lever from the works to the case, Woerd achieved a short stem arbor, and made the movements and cases interchangeable; but, to say nothing of other differences, the placing of the lever, which is one of the movement devices, in the case, is a marked disadvantage, since it requires a special form of case, and that, too, of awkward and unmechanical arrangement. One of the features of the Church patent, expressly mentioned in all the claims but the first, and implied, perhaps, in that, is that the winding and setting train is normally in engagement with the dial wheel; and it is to be observed that in the patents of Woerd, Carnahan, and others, which show the closest approximation in construction to Church’s device, the normal engagement is with the winding wheel. It is, of course, easy, and does not involve invention, to change such engagements, if nothing more than the change is sought, and in some of the designs in evidence normal setting engagements are found, but they are in lever-set watches, of which the Wheeler is an example, and which, as the evidence shows, may readily be constructed with the normal engagement in one wheel or the other; but in stem-winding and stem-setting watches it is not so, and as an element in the combination shown in Church’s claims the normal hands-setting engagement plays an important and indispensable part.
In respect to the question of infringement, a number of propositions are pressed upon our consideration. In the comparison made of the two devices by the court below it is asserted or assumed that of the two
There is, as stated, a plain difference in the operation of the two springs which effect the winding engagements in the respective devices. In Church’s watch that spring is forced into operation by the pressure of the stem arbor on an arm of the rock shaft of which the spring itself is another arm, while in the defendant’s watch the corresponding spring is automatic, effecting the engagement by its own force whenever the opposing strength of the other spring is overcome by the pressure of the stem arbor. Is this an essential difference in construction or operation? We think not. Starting with the Church device, it requires only ordinary skill, and certainly not invention, to effect the change. It is necessary only to sever the spring, i3, from the rock shaft, and attach it to the plate, A, in such position as that it shall constantly press on the same end of the yoke, E, as now, in order to produce a complete correspondence between the two devices in respect to the location, character, and operation of their springs. This simple mechanical change, requiring no other alteration whatever in the Church device to make it operative, would entirely eliminate the differences, whether of construction or operation, mentioned in appellant’s 2d, 3d, 4th, 5th, and 7th proposi
But the first and chief difference insisted upon is that the normal engagement of appellant’s shifting train is with the winding wheels, and not with the dial wheels, as in Church’s patent. There is only a semblance of truth in this. In the defendant’s stem-setting and stem-winding watch the normal engagement is really with the dial wheels. The assertion to' the contrary is specious. It is based on the fact that in the Sheridan patent there is introduced a setting lever, ll, so arranged that it may be put in engagement with the end of the spring, l, which is thereby placed under tension, and by reason of its greater strength overcomes the opposing spring, and produces the setting engagement; but when the lever, l, is thrown out of engagement, the spring, l, swings freely upon its pivot,' without tension, and leaves the opposing spring to produce the winding engagement, which is described as normal. But when the device is placed in a stem-winding and stem-setting case, the lever, l1, cannot be shifted, but is kept unchangeably in engagement with the spring, l, holding it firmly in the position of tension, and causing it to act exactly as does the spring, K, in Church’s watch. Whatever, therefore, may be the uses and effect of that lever in other forms of construction, in a stem-winding and stem-setting watch it serves no purpose except to fix the spring in the position of tension, and that spring, when left to act as freely as it can act in that position, produces the stem-setting engagement. In that form of construction, therefore, that is the normal engagement, and the two devices are not different in that respect.
The necessary conclusion is that the appellant’s watch, though made in conformity with the Sheridan patent, is modeled after the device of Church, and contains substantially the same combination of parts or well-known equivalents, arranged to accomplish the same result by the same mode of operation. „
The decree of the circuit court is therefore affirmed.