272 F. 533 | W.D. Mo. | 1921
Defendant moves to dismiss the bill in the above-entitled cause for want of equity. The bill of complaint is founded upon two letters patent numbered, respectively, 802,004 and 1,106,880; the first entitled “Centering for and Method of Constructing Arches,” and the second, “Falsework.” Both inventions briefly have for their purpose to provide supports for false-work in the erection of arches, which shall have sufficient strength, and which are specially adapted to b.e removed in such a manner that there are gradually developed in the structure supported on the false-work the stresses to which such structure is to be subjected.
The second patent involves only a mechanical equivalent for the structure just described. Instead of a large and sufficient sustaining member, or a smaller member made sufficient by braces, two individually inadequate members are employed, placed in juxtaposition, and set together so that their combined cross-section is approximately T-shaped. This method of reinforcement has long been familiar in everyday life and is frequently seen in carpentry. Instead, of by nailing, the union and greater stability is produced by wiring. The supporting strength of the combination is, of course, computed by the engineer. When this support is gradually to be removed, as above stated,, disunion is effected by removing the wire; then the innate properties of the timbers come into play. Natural law asserts itself, and the timbers, no longer receiving mutual support through union and position, buckle or bend, as in the first patent discussed.
I am unable to perceive in either of these patents evidences of inventive genius, as distinguished from mechanical and engineering skill stimulated by ordinary technical study and experience. The decision of this case turns upon this consideration, and at the argument the court has been aided and instructed by text-books, models, and illustrations,_ photographic and argumentative. Everything that can bear upon this phase of the controversy in a fuller hearing has been presented, indulged, and considered. The principles involved cannot be altered or expanded in any conceivable way. Being of opinion that the devices in question do not embody patentable novelty and invention, the plaintiff’s case must fail.
The motion to dismiss is sustained.