198 F. 399 | 2d Cir. | 1912
It is probable that the genius of the inventor will yet devise a more simple and efficient method of preventing the skidding of rubber-tired vehicles, but, so far as the art has developed, Parsons appears to have been the first to provide means which minimizes the greatest danger which confronts the traveler in such vehicles.
The first claim of the patent which is typical of the other-five is as follows;
“Antislipping or protecting means for the peripheries of. wheels, pulleys, or the like, comprising attaching elements at opposite sides of the wheel, and an antislipping or protective medium secured to the attaching elements and extending across and around the periphery of the wheel, said parts'being disconnected from, though retained on, the -wheel, whereby the antislipping or protecting medium is free to move or shift its position around the periphery thereof.”
In such circumstances it is the duty of the court to place upon the claim a construction commensurate with the invention. It is said that the words “fitting loosely over the periphery of the wheel,” in the description, and the words “free to move or shift its position around the periphery thereof,” in the claims, require a construction that the cross-chains shall be so loose that they must necessarily hang in loops from the supporting wires and be successively laid down upon the ground immediately in front of the tread of the tire. There is nothing in the prior art requiring such a construction, and, if adopted by the court, it will enable any chauffeur who has wit enough to contract the circumferential support so that the cross-chains are drawn more tightly across the tire, to evade the patent with impunity. Loosely is here used in contradistinction to tightly, and means that the cross-chains must be sufficiently loose to secure the advantages of the invention, viz., to creep and not pound the road as they would do if rigidly fastened to the wheel when traveling at a high rate of speed.
We cannot avoid the conclusion that the changes made'by the de
The history of the protracted litigation shows that, with few exceptions, the courts have regarded the Parsons invention as a meritorious one and have given it a construction sufficiently liberal to include all changes of form which accomplish the same result in substantially the same way.
The defendant was practically selling the patented grip in all its essential details, but in addition, it provided tension springs with directions to make a tight fitting grip. These springs may or may not be used, and the directions may or may not be followed, but even if they are followed, the same result is obtained, only in a less degree; the circumferential creeping of the cross-chains is not so marked.
Believing the invention to be a meritorious one, we decline so to limit the claims as practically to invalidate the patent.
The order is affirmed.