:618
FEDERAL REPORTER.
the use desired is so obvious that it would be suggested spontaneoUf.lly to skilled mechanic. ' The bill is dismissed.
ROTH
and; others
'11. KEEBLER. l
«(}ircuit Oourt, 's. D. Penn811l'IJania. 188'7.). PATENTS FOR IrnNTIONs-PATENTA.BILITY-()AKE-l{ACHINm.
Reissued letters patent 209,365, for improvement in cake-machines in which the cutting ,wire was supported in the center by a guard or arm slightly bent upwards at the outel'end, to keep the wire level with the -apertures through which the dough was pressed, and prevent the wire froI11 sagging or vibrato ingnear the center without cQnfining it too rigidly, held, to,be without patent, able nO,velty. '
Banni""g &: Banning, for complainants. Stewart &:, Gangevere, for respondent. '
In Equity.
Suit for infringement of letters patent.
BUTLER, J. The suitisfor infringement of clairns 3 and 4 of the reissu,e of letter,S, pat,ent for an il11'plO,V,ement in, 20,'9,365, the original bearing date 1878, an:dtbe reissue 18 months later, ,which, claims read as follows': ' , , ,"(8) Theco1Ubination ,is a dougl17cutting df the cutting wire, a, contlned 'at its ends, and an arm for supporting the same ,at the central or free part thereof, substantially as and fOt'the purpose specified. (4) The combination, in a machine for cutting dough, oUhe cutting wire, a', and the guard ,or arm,i', freely supporting the s8lid wire, and slight\y,pent upwards at its outer end" as, and for thEl, purposes ' The only difference between these claims is that the supporting arm , in the latter is "slightly bent upwards at its outer end." In view of the state of the art, we are unable to see any evidence of the patentable novelty in the plaintiff's alleged invention. Time out, of 'mind, wire of almost every description, has been used 'for cutting purposes, and particularly" for cutting dough. When applied to the latter ,use it was stretched between supporting arms. The plaintiff; desiring to use a fine wire, and make a knife long enough to embrace several aparturesorcups, (through which dough is pressed,) found that the wire would sag and vibrate, towards the center, to such extent as to work imperfectly. To avoid this, 'and thus keep the wire up to the surface of the apertures,without con"fining it too rigidly,he constructed an intermediate arm, on which it should rest, taking care that this should be so placed as to pass between the cups when the knife is in us'e. That the wire blade in a knife ofauch length would sag and vibrate, so as to render its use unprofitable, ifnot impracticable,must have been apparent to· anyone who thought of itj
lReported by 0. BerJteley Taylor, Ellq., of the Philadelphia bar.
DUESH tI. A. J. MEDLAR 'CO.
619
and the means of overcoming this difficulty must at once have presented itself to the mind. The remedy. adopted by the patentee was to support the wire in the center, as it was supported a.t the ends, except to allow free motion on the intermediate arm. This was the most obvious remedy,-one which could not have escaped any intelligent 'person conversant with the subject. It is unimportant whether the end of this arm be turned up, and the wire allowed to rest loosely upon it, or straight, and the wire passed through a staple or slot. Either will accomplish the intended purpose. It is unnecessary to consider other questions . presented by the case. The bill must be dismissed for the reasons stated.
DUESH, e. A.. J. L
MEDLAR
Co., Limited.'
(CHrcuit Court, B. D. PennB1/l'Dania. April 25, 188'7.) PATENTII II'OR lNvENTIONS,.--PATENT.U3ILlTY-COMBINATION 011'
Letters patent No. 90,577 were granted May 25, 1869, ;for a cracker-machina and autOmatic stopping device, combined so. as to operate in conjunction, The cracker-machine and stopping device were both old at the date of complainant's patent. Held, that the combination did not possess patentable .noveltv, as the combination produced no new result, and was only the of'ordinary plechanical skill. Letters patent No. 209,963 were granted Novemb6t 19,1878, for improve· Part of complainant's machine consisted of a ments in "tape-wire knife. RespoJ:ldent used a round-wire knife. Held not to be an fnfringemeht.'" . , ,
OLD DJIlVIClClI.
I.
BAHE-lNF:n'niG)'tMENT-TAPlI:-Wnm KNIFE.
Stewart
Suit for infringement of letters patent. ' Banning & Banning, for defendant.
Gangwere, for complainant.
BUTLER,
tars' patent No. 90,577,issued May 25, 1869, to Joseph Repetti,for
:t.
The suit is for infringement of claims 1, 6, and 7 ofle1;;.
cracker-machinej and also for infringement of claim. 3 of letters patent No. 209,963, issued to Henry Duesh, November 19, 1878, for improvement in soft-dough machines. The claims of the first patent here involved read as follgws: "The combination of the automatic stopping device, consisting of the finger, I, rock-shaft, i, arms, hand h', rod, d, spring,f'. and stopper, g, with the plunger,}, screw, k, and pulleys a and a', or their equivalents, substantially as and for the purpose herein described. (6) The combination of the bevel wheels, 7 and 8, hand wheel, 9, with non-revolving screw, k, revolving nut, z, and plunger,j, SUbstantially as and fortlJe purpose specified. (7) The combinlltion of the slide, 6, with the movable bottom, 'Y 2, and dough-box, 10, substantially as and for the purpose set forthJn this specification." · Reported by O. Berkeley Taylor, Esq., of the Philadelphia bar.