215 F. 362 | 8th Cir. | 1914
This is an appeal from a decree that Joseph M. Christy was the first and sole inventor of that combination of mechanical devices constituting a box car loader which was patented to him by letters patent No. 648,897, issued May 1, 1900, that this patent had been assigned to the plaintiff below, the Christy Box Car Loader Company, a corporation, that the defendant below, the Ottumwa Box Car Loader Company, a corporation, had infringed the rights secured by the first and second claims of this patent, and that it was thenceforth enjoined from so doing.
It is specified as error that the court below decided that the patent was valid, and that the defendant infringed it. Modern box cars are about 40 feet long. Coal must be loaded into the ends of these cars, and the art is to receive this coal from a chute inserted in one door of the car and load it into the extreme ends of the car with, machinery, without shoveling or handling'it by manual labor. The plaintiff and the defendant are and have been competitors in the business of making and selling'box car loaders. For many years the plaintiff has made and sold the combination patented to Christy on May 1, 1900, upon his application of July 26, 1898. The defendant has made and sold a combination operated on the principle described in letters patent No. 632,202, issued to Phillips and Hunt, August 29, 1899, on an application filed December 22, 1398. About the year 1912, however, just before this suit was instituted, the defendant commenced to make and sell box car loaders made on the principle described, and embodying the combination disclosed in the patent to Christy, and it is the manufacturing and selling of these loaders that the court below has enjoined.
The principle or mode of operation of the Christy combination is to receive the coal as it descends from the chute on a moving endless
The principle or mode of operation of the Ottumwa loader, made and sold by the defendant after patent No. 632,202, is to receive the coal from the chute into a curved trough about 12 or 14 feet long, consisting of a bottom and sides without end pieces, mounted on a pedestal capable of turning in a horizontal plane, and provided with a tight-fitting sliding partition or pusher, attached through a slot in the bottom of the trough to a chain which, by means of power from the engine or elsewhere, is dragged from one end of the trough to the other and back again, and in that way made to scrape the coal out of the trough. In operation the sliding partition is placed at one end of the trough, and the trough is then moved along under the chute until it is loaded by the coal falling upon it, and is extended from the middle of the car towards the end of the car as far as possible, or about 12 to 14 feet. The sliding partition is then dragged by
The advance in the art over the Ottumwa device marked by the combination of Christy is that in the use of the former the inertia of a stationary mass of coal in the trough and its friction against the bottom and sides thereof must be overcome by the use of great power, while this is avoided in the use of Christy’s device by catching the coal in a small stream as it flows from the chute upon the rapidly moving carrier and throwing it immediately and continuously to. its destination'; that in the use of the former time is required to load and then to unload the trough, while in the Use of the latter the coal may be placed at its destination in the car without any such loading or unloading; that even to load a car 14 feet from the middle of it a trough 14 feet long must be provided, because when a load of coal is pushed out of such a trough it cannot be thrown, but will fall near the end of the trough, while in the use of the latter a carrier 8 feet long proves' sufficient to throw the coal to the end of the largest box car, and that on account of the narrowness of a box car and of its door a rigid trough more than 14 feet long cannot be introduced into the car, so that in a car 42 feet long there will be about 7 feet at each end that cannot be well loaded by the use of the Ottumwa combination, while in the use of Christy’s-combination the coal can be loaded at the extreme ends of the car, where, on account of the greater strength of the car over the trucks, the bulk of it should be placed. It was this advance in the art that caused the commissioner to grant the patent to Christy, caused the defendant to substitute in 1912 Christy’s mode of operation and combination with its endless carrier for its own combination with its trough and pusher, and caused the court below to sustain the claim of Christy as an inventor and to issue the injunction against the use of his combination by the defendant.
The claims of the patent which were adjudged infringed are:
“1. A box car loader, comprising in combination a device capable of movement into or ont of a box car, a frame on said device pivotally mounted to be capable of turning in a horizontal plane, an endless conveyer on the frame provided with suitable crosspieces to thereby form a platform for receiving coal and carrying it to either end of the frame, and means for driving said conveyer in either direction, so that coal may be thrown to any desirable diS' tance within the car.
*369 “2. A box car loader, comprising a device capable of movement into or out of a box car, a frame on said device pivotally mounted to swing in a horizontal piano, one or more endless chains on said frame, a idatform on the oh,Tin or chains extending to the ends of the frame, and. in position to re. ceive coal from a tírate introduced in the opposite side of a box car, and moans for driving the platform in either direction, for the purposes stated.”
The complicated device shown in patent No. 619,191-to Lamb, issued February 7, 1899, falls under the same rule. While it discloses a complex combination whereby an endless carrier may be introduced into a box car and may be there driven, it lacks these essential elements of Christy’s combination, the short reversible carrier and the short frame upon which it is mounted, capable of turning in a horizontal plane within the car. In the operation of Lamb’s device it is necessary, in order to load the car, to first load one end of the car, then withdraw it from the car, run it into the other end, and when that is loaded draw it out again and load the middle of the car. Neither all the elements of Christy’s device, nor his method of combining his elements, nor his easy, economical, and efficient way to load a car are either 'found or suggested by the impractical and useless combination of Lamb.
Patents No. 344,595 to Ramsay, issued June 29, 1886, No. 512,575 to Bopd, issued January 9, 1894, No. 525,181 to Beck, issued August 28, 1894, and others of like character, are not material as alleged anticipations, but they are curious and interesting illustrations of the gradual advance in the art. They disclose attempts to load the ends of box cars with coal by receiving it in the middle of the car on stationary platforms or in troughs, and then knocking it to the ends of the cars by reciprocating paddles, shovels, or knockers passing rapidly over and in close proximity to the face of the platform first in one direction and then in the other. Beck’s patent for example shows a shovel projecting downward from a shaft which in operation is given a reciprocating motion which causes its lower end to pass 100 times in a minute close to the bottom of a stationary pan in which the coal is received from the chute. These devices have been superseded because they do not drive the coal uniformly where' desired, because they break and scatter it, and because they drive some of it against the end and sides of the car with such force as to injure it, while other parts of it not fairly struck receive too slight a movement.
“An endless conveyer on the frame provided with suitable crosspieces to thereby form a platform for receiving coal and carrying it to either end of the frame.”
Nor does the adjudication of the interference with Willson, who .subsequently abandoned his application for a patent, .present any better defense. He was seeking a patent on another scraper conveyer consisting, among other elements, of a trough for receiving the coal and two endless chains with downward extending- partitions thereon, which he termed “flights” and of which he said in his specification:
“The chains and trough are so related that the flights are carried along the bottom of the latter and scrape or push the coal from the center of the car toward one end or the other. * * * The conveyer acts by scraping, it being of skeleton character, with cross flights that push the coal along the bottom and sides of the stationary trough.”
As Willson’s claimed combination was limited by his specification and claims to the combination of other devices with this scraper mechanism, the only effect of the adjudication in his interference with Christy was to determine that he invented or discovered that scraper combination before Christy, and as the mode of operation and the combination of Christy are not the scraper mode of operation or the- scraper combination of Willson, and are not anticipated thereby, that judgment in no way estops or limits the right of Christy or his successors in interest to maintain the monopoly of his combination and mode of operation adjudged and granted to him by the examiner of patents after this adjudication upon the interference had been made.
The defendant has not omitted to make another attack upon Christy’s combination, which is generally made upon every patented combination, and that is that it is a mere aggregation of old elements and not a combination subject to patent. It is true that there is no invention in the mere assembling of old elements into an" aggregation in which each element performs its own independent function only and in which no new principle or mode of operation or new result is produced. But Christy’s combination of elements was new; it was not disclosed in the prior art; no one had ever made it before him. The independent functions of his various elements were modified and extended by his combination so that together they operated on a new principle and by a new mode and produced a new a'nd better result. The ordinary function of the chief element of this new combination, the endless carrier which was to convey to its ends and there drop its burdens, was,so qualified and extended by its combination with the other elements described that it readily caught and threw coal 14 feet beyond its ends. A new principle or mode of operation was invented in the art of loading box cars, and practiced by the use of Christy’s combination, whereby the coal as it descended the chute into the car was caught on Christy’s rapidly moving tight-fitting steel slat carrier, held, carried, and thrown by that carrier and the upstanding steel_ partitions thereon to the end of the car as fast as it came down the chute, and the new and useful result of loading the coal into the ends of the cars or at any less distance, as desired, uniformly and continuously as fast as it descended the chute, was at
His combination has gone into extensive and successful commercial use, but in the commercial combination the carrier is slightly curved, so that its ends are higher than its middle so that in operation the coal may be thrown above the horizontal plane in which it leaves the carrier, while the carrier portrayed and described in Christy’s patent has a flat top, and counsel for the defendant contend that there was no utility in the combination described in the patent of which the flat topped carrier was the main element. The argument is not persuasive. The record satisfies that the combination in the exact form described in the patent would throw the coal to the ends of the cars, was practical and useful, and that the utility and success of the commercial combination is attributable to Christy’s discovery or invention of this mode of operation and combination, and not to the slight change in the form of the top of his carrier to which he was not limited by his specification or claims.
Finally counsel assail the validity of Christy’s patent on the ground that there was no invention in the production of the principle and combination it discloses; that any mechanic skilled in the art could have conceived and produced them. But the record and the fact that Phillips and Hunt, officers of the defendant and invéntors of the scraper devices patented to them in 1896 and 1899, men who have been engaged for more than 15 years in searching for the best device to load box cars, have lately mounted in the sides of their old trough in place of their scraper the steel crosspiece carrier of Christy with its upstanding partitions, and have thereby rendered the bottom of their trough useless, have convinced that Christy’s patented combination is the most efficient and economical box car loader yet produced. Manufacturers, owners of mines, skilled mechanics, and inventors for more than a decade before Christy’s invention felt the need of and sought to find such a loader. Ramsay in 1886, Bond and Beck m 1894, invented and patented knockers to bat the coal from stationary platforms in the middle of their cars to their ends, Ingalls in 1892, Dierdorff in 1897, Phillips and Hunt in 1896 and 1899, and many others, invented and patented scrapers to accomplish this desired end. Skilled mechanics studied and sought for the same purpose, but no one discovered the principle or invented the combination of Christy until he described it. It is strenuously contended that the patent to Ingalls of his scraper loader was so suggestive that any mechanic skilled in the art on an inspection thereof could have produced the combination of Christy. But the patent to Ingalls was issued in 1892, four years before Christy filed his application and four years before Phillips and I-Junt obtained their first patent. Phillips and Hunt were studying and hunting for the best combination of old elements to load box cars. They were doubtless familar with the patent to In-
Was the defendant guilty of infringement? In view of the conclusions already reached and the rules of laws which have been cited, this question is no longer debatable. Before the defendant commenced to make and sell the infringing device it was making and selling, in competition with the plaintiff, a combination of the Phillips and Hunt trough for receiving the coal, a sliding partition to scrape it out of the trough with plain mechanical equivalents for the other elements of Christy’s combination, to wit: (1) A device capable of movement into and out of a box car; (2) a frame on said device mounted to be capable of turning in a horizontal plane; and (3) means for driving their trough and scraper. Thereupon, just before the commencement of this suit,' the defendant proceeded to make and sell a combination of Christy’s endless carrier provided with Christy’s steel crosspieces and upstanding partitions forming a platform for receiving the coal and carrying it to the end of the carrier with: (1) A device capable of movement into and out of a box car; (2) a frame on said device, mounted, to be capable of turning in a horizontal plane upon which this endless carrier was mounted; and (3) means for driving this endless carrier. In effect the defendant mounted Christy’s endless carrier provided with its steel crosspieces set so close together that coal could not pass between them and uprights to hold the coal from sliding on the carrier, on the sides of its trough, dispensed with its sliding scraper therein, left the bottom of its trough without use or function, appropriated in its entirety the principle or mode of operation and the combination of Christy, and with.them accomplished the same result which he attained. For the evidence has'* convinced that the box car loaders in which the defendant has embodied Christy’s combination are capable of receiving the coal on the endless carriers and throwing it to the ends of the cars as do the plaintiff’s.
The devices by which the various parts of the respective combinations of Christy and of the defendant are mounted and actuated differ in some particulars, but those differences present no defense to the charge of infringement because they are immaterial and the respective devices are mechanical equivalents of each other. And the conclusion is that the evidence in this case conclusively establishes the infringement found below.
This is not a case where a single inventor preceded all the rest and struck out something which underlay all . the others. It is one of the great majority of cases involving patents in which progress in
The result of the whole matter is that claims 1 and 2 of the patent to Christy are valid, Ihey have been infringed by the defendant, and the decree below which enjoins the continuance of this infringement must he affirmed. It is so ordered.