233 F. 682 | W.D.N.Y. | 1916
The bill charges infringement of patent No. 865,141, granted to H. Wiard September 3, 1907, relating to reversible sulky plows. The object of the inventor was to furnish means for connecting the plow beams at their front ends to a substantially level hitch bar or draft member, as the specification has it, to increase the efficiency of the plow. The separate elements of the combination were old. The validity of the patent is not disputed. It is, however, urged that the claims in issue are limited to a sulky plow in which the ends of the beams are held in a horizontal plane under all circumstances, and that, as defendant does not so hold them, infringement was not proven.
The shift bar of the patent in suit is made straight throughout its length from one front beam to another, and horizontal movable members having eyes connecting the hitch bar are provided to support it coaxially at the end. This arrangement enables holding it substantially rigid and approximately horizontal when the other mechanism tends to move it, and prevents it from holding to the bar when the front ends of the plow beam are either lifted from the ground or lowered for plowing. The specification says:
“When a plow is in its operative or depressed position, the front end of the beam carrying such plow is in advance of the corresponding end of the other beam, and since each member S holds one end of the bar 17 from substantial vertical movement relatively to the end of the plow beam comprising member, said bar 17 is held by the members 6 in a substantially horizontal position and inclines rearwardly from the front end of the beam carrying the plow in use. Consequently the draft member $0, under the strain transmitted thereby to the plow, moves automatically lengthwise of the bar 17 to the desired position in advance of the beam from which the bar 17 inclines rearwardly. This invention, although simple in construction, greatly reduces the necessity of attention to the draft connections, and enhances the utility and efficiency of the plow.”
The claims in controversy are the first, second, fourth, fifth, seventh, and eighth. They differ from the prior Wiard & Bullock patent, in that the forward ends of the beams therein described are held at substantially the same level, and that the hitch bar is held from vertical movement relative to its beam end and to the hitch and eyes carrying it.
Defendant’s contention that the claims are limited to a maintenance of the beams in the same horizontal plane is not substantiated. The patentee was the first to arrange a shift bar in a substantially horizontal position between the plow beams to overcome the difficulties in plowing, and accordingly a plow substantially embodying the improvement and achieving the identical beneficial result comes I think within the scope of the claims in suit. Therefore any slight differences between the position of the shift bars of complainant’s and defendant’s plows are not of material importance and do not avoid infringement. It is clear enough that there are advantages in holding the hitch bar of complainant’s structure approximately horizontal. As defendant’s structure has the detailed arrangement of eyes at the ends of the beams, together with a straight bar .to hold the ends of the beams coaxially to
My conclusion is that the patent in suit was for a patentable improvement over the prior Wiard & Bullock patent, and though the claims are of narrow scope, and restricted to (1) means, for maintaining the shift bar substantially or approximately horizontal, and (2) means at the end of the bar for raising and lowering the plows without causing a binding of the shift bar, I am of opinion that the defendant’s plow, though not employing the identical means, employed equivalent means operating upon the same principle and achieving the same result and advantages.
Accordingly, a decree, with costs, may be entered in favor of complainant, holding the claims valid and infringed.
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