198 F. 485 | 2d Cir. | 1912
Lead Opinion
“5. In a fireproof window, the herein-described automatically-closing sash, consisting of the combination of the fireproof casing A, the fireproof sash L, pivoted therein, the destructible retaining device MI, N, by which said sash is held open; all substantially as shown and described.
“6. In a fireproof window, the herein-described automatically-closing sash, consisting of the combination of the fireproof casing A, the fireproof sash L, pivoted therein, the retaining-chain MI, having the fusible link N therein; all substantially as shown and described.
“7. In a fireproof window, the herein-described automatically-closing sash, consisting of the combination of the fireproof casing A, the fireproof sash L, pivoted therein at a pivot P above its middle, the retaining-chain MI, having the fusible link N therein at a point opposite the opening; all substantially as shown and described.”
The purpose of the invention was to retard fire from getting out of or into a building through windows open for ventilation. This is accomplished by inserting a fusible link in a chain or retaining device which holds a fireproof window, pivoted above its center, open. When the heat reaches it, the link melts and the window closes automatically. Every element composing the combination was old, and the novelty, if any, lay in the use of the fusible link. But this had been used as far back as 1890 in the Pabst Theater at Milwaukee, Wis., to open a pivoted skylight over the stage, and was also covered by United States letters patent, to Ashcroft, dated July 24, 1888, for improvements in safety covers for elevator wells, hatchways, and other roof openings. It is true that the object in both these cases was exactly the opposite to the patent, viz., to let the flame and heat out of the building. But the elements are the same, except that the skylight or cover is pivoted below, instead of above,
Concurrence Opinion
_ I concur in the conclusion reached by _ Judge WARD, because I think the case a doubtful one in which it is appropriate that this court should follow the decisions of the coordinate tribunals of the Seventh and Eighth circuits. Mast Foos & Company v. Stover Manufacturing Company, 177 U. S. 485, 488 20 Sup. Ct. 708, 44 L. Ed. 856.