205 F. 286 | 3rd Cir. | 1913
In the court below, Stevenson, the grantee of two patents capable of conjoint use, charged the defendants Shalcross with infringement thereof. On final hearing the court held and decreed the first patent, viz., No. 817,199, granted April 10, 1906, for a door frame, void. Whereupon Stevenson appealed. It also held and decreed claims 4 and 5 of the second patent, No. 812,-377, granted, February 13, 1906, “for improvements in door frames, doors, and adjunctive mechanism for air-tight compartments,” valid and infringed, and that claims 1, 2, 3, and 7 were invalid. Whereupon the Shalcrosses appealed.
“Owing to puzzling difficulties «rising when installing some doors of the same size and kind, in the same building, prior to that time, I decided to adopt this expedient of angle-irons conned lug the lower ends to avoid those troubles, and the expedient was very satisfactory.”
In other words, when the difficulty was appreciated, its solution was-at hand in the shape of a very simple mechanical expedient.
“The overlapping lip was so old and well known that no invention whs required to employ it here.”
His other device is thus described in the specification:
“This invention relates to doors for air-tight apartments, and more particularly to those used for cold storage apartments, and has for its object the facility of entrance and exit from such apartments with the least duration of opening of the door and the facility of introducing and removing objects by a trolley and suspended railway with a prompt opening and air-tight closing of the door and facility of adjusting the door frame to any imperfections in the form of the door.”
“To tMs end this invention consists in an improved construction of adjustable door frame and doors fitting thereto and to the suspended rail and positively connected means of opening said doors and closing them, as hereinafter described.”
The means disclosed are described in the fourth claim as “actuating mechanism, substantially as set forth, operatively connecting said shutter with said door, whereby the shutter is positively opened and closed by the movement of the door in opening and closing,” and in claim 5 as “a positive means of opening and closing said shutter from the motion of the door, and arranged to close shutter before closing the door and to open the door before opening the shutter.” In other words, the device interposed between the door and the shutter so positively connected the two that “from start to finish of opening, or closing the apartment, this intermediate mechanism alone controlled and actuated the shutter, and from its structure was constrained so to do by the movement of the door.” In other words, the shutter made no move that was not caused by the intermediate mechanism, and the door exerted no control over the shutter save through such intermediate mechanism; or, to put it in another way, this mechanism interposed between the door and the shutter made of the two a composite unitary operative structure, operatively dominated by the opening or closing of the door.
This is stated in the specification, where, substituting names for letters, the patentee in effect says: The remaining part of the slot 26 is in a circumferential direction, so that the small door is only operated at such time relatively to the. large door as to always close the small door before the upper part of the large door contacts with the lower end or lip of the small door and to move the large door clear of the small door before the latter commences to open. Comparing this advance, which we assume for present purposes involved invention with the prior Armour structure, it will be seen that e'ach of the two, when the large door is opened, constrain the opening of the small door by, to use the phraseology of claim 4, an “actuating mechanism * * * operatively connecting said shutter with said do'or, whereby the shutter is positively opened” by the movement of the door in opening. But here the resemblance ended, for when it came to closing the door the cord of the Armour device was not an actuating mechanism operatively connecting shutter and door, whereby the former is positively closed by the movement of the latter in closing.
It follows, therefore, that in providing an intermediate connecting mechanism of such a character that the motion of the large door, working through such intermediate mechanism, compelled the final and therefore the effective closure of the small door, the patentee disclosed the advance wherein the patentability of his deyice must lie. That such an advance involved invention, we will, for present purposes, assume; but it will be obvious that the field for advance in that regard was narrow, and the claims must be so construed as not to prevent other inventors from accomplishing final and effective closure by other means. And this, it strikes us, is what the defendant has
“Actuating mechanism * * * operatively connecting said shutter with said door, whereby the shutter is positively closed by the movement o£ the door in closing.”
We are not moved by anything appearing in this record to hold the court below made an undue use of discretion in refusing the withdrawal from issue of claims 1 and 2.
It therefore follows, from the views set forth in the foregoing opinion, that in so far as the decree below adjudged the two claims of patent No. 817,199, and claims 1, 2, 3, and 7 of patent No. 812,377, were invalid, the same must he affirmed, and in SO' far as the said decree held claims 4 and 5 of patent No. 812,377 were infringed, the decree must be reversed, and the case remanded, with directions to enter a decree dismissing the bill, with costs in this court and the court below.