281 F. 195 | D. Del. | 1922
Locomotive Stoker Company charges the Elvin Mechanical Stoker Company with infringement of claims 1 and 2 of its Street patent, No. 1,130,443, and claims 1, 3, 5, 8, 9, and 10 of its Gee patent No. 1,082,419. The suit is upon final hearing. The defenses are invalidity and noninfringement. Both patents relate to improvements in stokers for conveying fuel from tender to locomotive and distributing it- over the grate in the locomotive fire box.
The stoker described in the Gee patent consists of a screw conveyer, 47 to transfer the coal from the tender to a hopper 1$ beneath the firing deck of the locomotive; an elevating mechanism, comprising a reciprocating head 65 operating within a sleeve 66 to raise the fuel in measured increments from the hopper to a chute 55 leading into the fire box; the chute 55; a stoking head 62, reciprocating within the chute, connected by means of a rod with the piston of an engine, to eject the fuel from the chute into the fire box of the locomotive; and, mounted on the forward end of the chute, a rotary sleeve 74 provided with a pivotally supported adjustable hood or deflector 75 for distributing the fuel over the fire grate.
Claim 3 embodies the essential and salient characteristics of each of the Gee claims in suit. It is:
“In an apparatus for supplying fuel to a locomotive fire box, the combination of a tender provided with a discharge passage, a stoking chute, interr mittently acting discharging means for forcibly expelling separate charges of fuel from the chute over the fire, and a fuel-feeding mechanism arranged below the chute and receiving the fuel from the discharge passage of the tender, said mechanism including means for intermittently introducing separate charges of fuel into the stoking chute in synchronism with the operation of the said discharging means.”
The question of infringement-turns upon whether the shovel box and shovels of the Elvin stoker are in principle the same as or equivalents for the chute 55 and stoking head 62 of Gee. The chute, as described in the patent, is a slightly inclined tube into which the fuel is brought through a feed opening in the lower side by the reciprocating elevator
The plaintiff contends that the blade of Elvin’s shovel serves no. purpose, that the upright back of the shovel is in principle the stoking head of Gee, and that the shovel box is a chute. It points out that the bottom of the shovel box is marked and scratched by coal; that in Elvin’s earlier stokers the bottom of the shovel box did not extend as far forward as now, and that then coal accumulated on the grate in a pile or bank just inside the fire box; that an Elvin stoker with the shovel blades removed functions as well or even better than with the blades. As I understand the operation of Elvin’s shovels the blades serve the distinct and definite purpose of supporting and conveying the coal from elevator to fire box, while the upright backs serve as walls or plates to hold the fuel on the blades during their forward movement. The shovels are not pushers as is the stoking head of Gee, but, on the contrary, are vehicles upon which the fuel is carried. They deliver the coal to the fire box in a manner peculiar to themselves. In mode of operation they are strikingly similar to a shovel in the hands of a fireman, and therein differ, not only from Gee’s stoking head, but from all other devices of the prior art. At the hearing plaintiff operated a model of defendant’s stoker with a blade of one of the shovels removed. I did not find that demonstration materially helpful in determining Elvin’s mode of operation. His mechanism is not so constructed, and, in view of the conclusions hereinbefore stated, which I think clear, comment upon the altered mechanism and its mode of operation seems uncalled for.
Is the shovel box of Elvin a chute, within the meaning of the Gee claims? This depends upon the service it performs and the mode of such performance. The manner in which the mass or bulk of the fuel is transferred from elevator to fire box has heretofore been stated. Some fuel may at times be jarred or thrown from the elevator into
“1. In a locomotive, the combination with the boiler furnace and its firing door, of a mechanical stoker apparatus mounted on the locomotive and comprising a fuel receptacle below the firing floor, an elevator for conveying the fuel from said receptacle to a point above the level of the fuel bed, and means for delivering the fuel therefrom into the furnace.
“2. In a locomotive and tender, the combination with the boiler furnace, of a mechanical stoker apparatus mounted on the locomotive and comprising' a fuel receptacle below the firing floor, means below said floor for delivering fuel from the tender into said receptacle, an elevator for conveying the fuel from said receptacle to a point above the level of the fuel bed, and means for delivering the fuel therefrom into the furnace.”
The defendant contends that, in view of the prior art, these claims do not disclose invention. The state of the art at the time of Street’s filing date for the patent in suit is set out in Mechanical Construction Co. v. Locomotive Stoker Co. (D. C.) 274 Fed. 411, affirmed (C. C. A.) 277 Fed. 636, and will not be here reviewed. Though Street was not a pioneer, he was the first to make an under the deck transfer of fuel from tender to locomotive for an over the fire feed. His stoker uses the limited space of the cab with economy, leaves the fire door and the approach thereto free, and unincumbered, has attained commercial success, and, in consideration of its novelty and utility, a medal has been awarded to its inventor by the Franklin Institute of the state of Pennsylvania. Though Street’s advance over the prior art may not be great, it is not lacking in merit or beneficial result, and rises, I think, to the dignity of invention.
The plaintiff contends, however, that such accumulations are at each revolution of the conveyer moved upward and forward on their passage to the shovel box, and that the pocket is, therefore, not a distinct element of the stoker, but, in effect, an extension of the conveying tube. Such movement of the fuel as takes place in the pocket, however, as I view it, does not effectively advance the fuel towards the shovel box, for, as the elevator returns to its lower position, the coal does not continue on its upward movement, but falls upon the elevator head, and returns with it to the latter’s lowest point. The movement of the fuel in the pocket produced by the conveyer is merely such movement as would be produced in any receptacle by a forcible feed at the bottom of the receptacle. Consequently I think the Elvin pocket is not a part of the conveying apparatus itself, but is a distinct element of the Elvin stoker. Indeed, this seems to have been the view of its inventors, for in the specification of patent No. 1,267,644, page 3, lines 95-100, they said:
“In the operation of a mechanical stoker embodying our invention, the fuel, which is transferred from the coal'bin of the tender to the locomotive, is delivered from the forward end of the conveyer casing into the fuel receiving pocket, 9d, and drops from the forward end thereof, into the elevator casing, ”
And again, at page 2, lines 21-30:
“The shovel box, 9, is divided by a partition * * * into * * * a lower section, the rear portion of which forms a fuel receiving pocket, 9t>, into which the forward or delivery end of the conveyer casing, 2a, opens.’’
For the foregoing reasons, I think that defendant’s stoker infringes claims 1 and 2 of the Street patent.