... YOUNG V.J'ACksON.
et Ii
al. ".
JACKSON.
(CCrtU«t COUrt, So D.NtlWYO'I'7c. July 81,1890.) ' .·
P.i'J,'BlIITB ,:I'OR INVBln'I01ll8-NoV,EL'rY-MAClIINjC I:fOB SAWING STONK.
patent No. 2Z2,720, issued February 17, to Hugh Young, fol' bn· provements in 8 machine for sawing stone, consistinK of the combination with a saw-gate means for feeding and withdrawing the saw-bli\de towards 01' away from the guides governing its reciprocating motion, without impairing the . pa·rallelism 01 the saw.blade to the guides, are void for want of noV'· el1;y, ,beiQg merely such a combination of different inventions previously · as to allow each to work out its own without contributing any new function mode of operation to. the other. .
:In Equity. Bill for infringement of patent. Edwin H. Brown, forcomplainanta. George Whitfield Brown, lor : WALLACE,J. The patenUnsuit, No. 222,720, granted February 17, 1880, to Hugh Young, covers improvements ina machine for sa.wing· stone. The invention to which the first claim of the patent relates eonsists,as;thespecification states,Hin certain novel constructions and combinationsof parts, whereLy a reciprocating saw-sash, moving along guides, the. saw has combined with it meal1S for the feeding and toward or away from said guides." That claim, which is the only olaim now alleged to be infringed, isns follows: .. In machin!'s f,'r sawing stone, the.comhination, with a reciprocating sawgat('lor sash. of means for feeding and Withdrawing the saw-blade toward or away frornthe guides.gQverning lts reciprol'ating motion without impairing . the parallelism of the saw-blade to said guides, substantially as . As des9ribed in thespecificatiqn. "nd illustrated in the drawing, machine consists of a main frame and a secondary frame or saw-gate. The saw-gate or sash is the ordinary rectangular frame in which mill saws are stretched, formed of two ends, each of which is composed of two posts,and,the ends la,l'econnectedbyatrausverse bar. The ends of the saw-gate are supported by guides .attached to the main fraine,which allow the gate to be reciprocated on the line of the guides. The reciproby any suitable mechanism. The sawcating motipn gate carries a blade, which is set in a :plane parallel to the guides, and is attached to carriers capable, of being moved within the gate to and from the. direction of tbe guides. The specification states: "1'JlI'l blade is not gate. but by carriers, which are arranged so as to be capable pf a,synchronous movement within t,he ends of of a movement in direction at right angles, or the, gate, or, in other thereahouts, tothe reciprocating movement of the gate, to effect t.lle feed and withdra\'t the .blade, and this without affecting or interfering with the parallelismofthe blade to the guides. It , . " 'TIle arrangement ofthe (?arriera which permits this iO'patt of the posts of the' gate ends,wh,ch serve to guide the carriers; and. ,alloW,them to play ina plane at right angles to the guides, and in part 'df-tbe 'devices foractliating them: sIrU1l'ltaneously and -on a-perfectly
8SS , ;'
nDERALREfORTER,
vo.l. 43.
parallel line wi'th one another. These actuating devices are preferably indicated in the specification as consiatingof.[eed-screws, one threaded to each carrier, which are connected with 'one another, and controlled by a cross-shaftwithspur-geal,',arl'anged OIl transverse bar of the gate. In operation the blade IS attached to each end of one of the carriers by the carriers are actuated by the screws tb tenaiqn bqckles or feed the blade' to a posItion to abrade the stone to be sawed; the sawthen reciprocated, thus reciprocating the blade; and', when the work is done, the blade may be withdrawn by the screws from the place The claim is a broad ooe for a combination of the of saw-gate with the means for feeding and withdrawing the blade so that the blade will be constantly maintained parallel with the line of its reciprocating movement. The means for feedinKand withdrawing 'the blade consist of those which hold or carry it, and those which control its transverse movements, and include carriers between which the b}adecan be strained or stretched, together with any suitable means to move the carrie-rssynchrollOusly, and maintain them constantly on, a perfectly parallel line. The question in the case is whether there is novelty in such'a combination'. in view of the prior state of the art as disclosed by earlier patents or publications. A machine is shown in the patent to Funk of January 28,'1873, which describes a Sliw-gate which is reciprocated on guides longitUdinally, and having a blade reciprocated by the gate, and attached to carriers capable of being raised and lowered in the gate itself, so as to be ,fed and withdrawn from its work without moving the gate. In that machine the blade is stretched between the two ends or legs of the :gate, and attached to carriers (or slides) in each leg, which play in guides. T,he blade is raised and lowered in the gate by a cord and windlass at'taehed to the' main frame of the ma-ehine, and connected with the car1'iers by a-yokedepEmding above the gate, the arms ofwhich are'attached 'to the carriers.' By turning the carriers are raised in' the ogtiidl:ls'synchroilously, thug raising the blade from the'place of its:recip.. 't;OCfttion. By' relaxiilgthewirldlass the cal.'riers'aild blade drop to the 'Pface;bf reciprocation by; gravity.- A machine' having, all the ·of'the· claim. except the'indepelldently adjustable bIa:dewith its holditig 'devices is described iiltbe patent of Young, Young & Hubert, ofFebrlilary 16, 1876. In that machine the:blade is attached rigidly to the legs bf the: gate, and the gate itself- is m6ved' to and from the place of the reciprocating work; thus moying the blade{by feed-screws in each leg conThe legs move simulta;trolled from above hya shaft peously, and maintain the bIade perfectly parallel at all 'times with the true of its reciprocating movement. The patent to Stearns o( Septem1876"describes a in,wllich the saw is ,mounted upon and reciprocated in the main frame of the machine; and fed to llnd withfeed-screws lPreaded the legs of a,pdrotated by a connecting s1;laftwit1?on the bltr of the frame." fOl; ,blade; tra,nsver!lely lijI arC '" . .. ".',
YOUNG t7. JACESON.
889
jntbe' patentin suit, and move both carriers simultaneousljr-ltlld oil'a ,perfectly parallel plane. ,The provisional specification ofGraham & Graham, filed with the English commissioner of patents July 31, 1876, describes asa,wing-machine having a novel method of mounting andachiating the reciprocating blade. They state: ' , "We employ a strong, rectangUlar frame, which reciprocates or runsupop. .' pulleys in suitable guides in an outer frame, and within this frame we one or. ,l!lades for carrying the diamond cutters so as to be capable of beiJlgraised or lowered with respect to such frame in a perfectly parallel di'rection by, a vertical screw at either end, geared together In order to adjlUlt Buch blade to the thickness of the stone requiring to be cut; and which also serve to feed the blade as thectttting operation proceeds. ,We also ploy aright and left handed quick-threaded screw at either end tor the plll'pose of raising the blades a,nd cutters from contact with the groove being cut inthe.stone during that portion of the stroke when the diamonds are not cubting.These screws are actuated by star wheels fixed upon their upper extremities." '
Nqneofthe earlier patents describe a sawing-machine having a saw;' gate distinct from the main frame, and reciprocating on guides, whichis with carriers which permit the blade to be moved independof the gate .itself towards and away from the line of the reciprocat\. ingmov.emel)t by devices. which maintain the carriers in a positive constant ;parallelism to the line of the guides, and actuate them synchl. ronously. The Graham provisional specification is only valuable as that Young was not the first to conceive the idea of mountl ing and: actuating a blade in a reciprocating saw-gate so that it couldb'e fed ,andwithdraWJl from the place of its reciprocating work, and held perfecjly. parallel during these operations, independeIitly of the gate itsel(. The machine of the Funk patent does not contain the combinti:; tjop of: because it does not have the devices which actuatetM n:v:wementsof the blade, nor devices which 'performthefunol tion of those of the claim. Thl'! carriers are' not controlled or· actQilrted by devices which maintain them in rigid parallelism with one another, but are controlled by a loose connection with the main frame. The windlass actuates the blade in one direction only, viz., away from the line of its reciprocating movement. The devices do not feed the blade towards the place of its reciprocation, nor maintain it in a positive and constant parallelism with the reciprocating guides. The machine of the Young, Young & Hubert patent does not have carriers which allow the blade to be moved transversely to its reciprocating movement, independently of the gates. The machine of the Stearns patent has no reciprocating saw-gate, and this patent is an anticipating reference only, because the devices which control and actuate the carriers towards and away from the place of reciprocation are the devices of the claim in controversy. But the Funk machine has all the elements of the claim in controversy, except those devices which maintain the carriers and actuate them in a positive and constant parallelism with each other, and the Stea,rns machine has these devices. It is manifest that these devices could be removed from the carriers in the Stearns machine and substituted for the
.
parta, it: isqnly necessary to the;feltd-screws: to' the the/mtermediate bearing to just as'the screws are threaded and the: is attached i in: the Stearns ma,cU, };>e, tQ,any> C()lXIpetent mechanic, :hefore, him, that the devices for controlling 'itheWlil'riens ,of the, SlJeb:rnsmachine"could beimp6rteil'ihto the Funk DlfloJ:linei function in i ,tt,',tt,a:c,hin,g as, Jhe,,Y, wer, 1',e.,; 'andY t#af;;.wheO', be ,would,' perform preCIsely the in:the Stearns ma,chine"a;ncl· that the other ,devices ·of theFuhk machine 'would perform their;normal,£ullctieJili! and no other. When ithe' de\'ices from both of these ll'laehines are' thu$brotight together' into severally and conjointly do the same work they did before; the saw-gate reciprocates"the carriers:,hCllld the blade,and the actuating devices main;.tpjn the ca,rriers in a,poaitive paraHelism.and movethemsynchroDOusly lVith,e/l.cbother,just,as.they did originally. It i§ tlotinvention meliily .to brillgolddevicesinto' such a 'Dew juxtaposition as will allow eacnto ;work out its (tw,n effect::wdthbut contributh1gany neW function or mode :.tQ;the :Obiter. ,In reaching the conclusion that the Funk machu,le: is themachioo oUhe, claim in c(,otroversy when the deviceS for colltrollingtheicarviers :0£ the Stearns mn:chine are substituted for' its devices todQtbis work"thecircumstance is not that in the machine of. Stearns Md..Funk the blade is 'stret.checl 'in the carriers inof being atrained,. :'Jl theclllim, in controversy. includes devices' for straining the blade in the camel'S it is perfectly obvious that any competent mflchanic would adopt the one mode or the othero! hanging the bJA,de accQrding, to the,chamcter of: the, work to ,be: done and the thickDe88,ofthe blade. " Thei.iltis:dismissed. ., , l : \
aJJ
jP,t9J!tbe ,lattenptlnd, ,bring them 1nt6 'efficient, oo:.operationwitlh
,the Flinkmadhin6; 'and! :that 'to: transrfI
I)
! ! ;.
/f L
.j, ,;!
;C\
r'
l'lJ
1 B f:
::I :;
,I ..'
'.'!
1"'1
/""
.\' ; "I ,,',
, ,
j.: ;i;"l
I
fu
J
.'
:',
,'i
'.,"'Jdl t 1:1"
"
BowER BAJlFF
'," f;: (CXf'Clrit CfJu'l'!AS. D"New Y01'k. 1tl'ulJ'i:80,l1190.)
RUSTLEsI'!IRON:Co,,,,;'W'dib RUSTLESS hON Co.
ceptiOJ1ll.
, ; ,;( ·
'
Dot 8ubject to ex-
t. SAMB. '" " ,", ," , ' " , ,: : , : ' ," , Exceptions which fail to the charges in thebUl to whteh th,eanswer is addressed, and the exact terms:of tlle answer, are'too'general tobellOnsidered. i ""i
In Equity, On'exceptions to answer." ,Blair &:Rudd,for'compw'nant. ' Witter &: Keny(fn,,' for defendant. r"·
I'
.l"
J.,The 6rsHive exceptions,to th*'! answer of'tbedefendanti f<>r insufficiency llre overruled because they Ttllate to new matter set up in the answer by way of defense, andnotto matWl:whichis not sufficiently responsive, to the interrogatQri,es of the ,bill. A: substantive'" defensej' not responsive to the inquiries in the bill, 'buUlonaistingof newniatterj 6:l(c!usi velf. is not the subjectofexceptioos.. ,Exceptions' only lie, to, an: insufficient discovery, or to scandal andimpertinehce., '!Adams v.lrM (h., 6 Fed. Rep. 179;U. K v. McLaughlirt,'24:Fed. Rep. 823. The r.emll.ining, tbree, exceptions to the answer ale :taken in, form' and manner entirely,too general. "The;exceptionshould l;Iave stated the 'charges in the, bill and ,the interrogatory applicable thereto to which the answer is addressed, and then have stated 'the terms ofithe aDswerverbatim, so that the court. without searching the bill and anllwerthroughout, might have at once perCeived the grounds for the excepti(}n, and ascertained ,its Buf.. fici4mC.>'."BrO!)kB v. Byam, 1 Story, 296.: The exceptions are overtuled.: WALLACE, ,f: . ,i,
KEMl' 11. BROWN _, al., i", ,
, '. ':"
(Dt,Btrlct Court"E. D. Loui8I.ana. DepeJDbllr,14, 1889.) ' . '. ,': ',: _ , ' """ f" ,' ' , , ' , _",: ',< ' : ;,': , .. , · · , " ;
l.ADJolI1lALTY-DAJdAGBS ON
DiSMissAr. 01!'LmBL-llAtrOiotTlI l'Bo8BOUTrOJr. , ' " one· wbo libels a ship in good faith and withOut malice, and tails in theewt, till .' Dot liable theretor in ex delictO.. , " ; On dtsJbissaI of a libel,a 'Ordss-libel which Is titit eOconnedted wit.h the _tter ohllelibel,ai must;also bedisminea.' ;:·dl :> , " " " ,· '., " " ,
..
,
::
InAdn;.iJ.1l}ty.· i;
E.· .
,',', > a,ndUorace; &:'!!4'!fM,' for "
·"it . ' fOJ; 'I" , .'
, '. "! -<' -.'
:
. BIu.mGStJ.. f.', 'O,lisis a suit for, damages, for . t.be' I!teAnJ.-13hip: CliftQn" whi.ch ,
f:,;";;i',.Y:".
:l-'( 1
p!'n.
alleged ,seizure of, a tbetk,ne of by