!lOTT .,. THIRD AVE. R.
co.
73
MACK t1. LEVY
et al.
(mrcuit Court, S. D. New York. June 26,1890.)
H. A. West, for plaintiff. Ja'1lWJ A. Hudscm, for defendants. SHIPMAN, J. These are two petitions, one by tbe plaintiff, and one by the defendants, for a rehearing of the above-entitled cause. I have e1t:amined the papersand the briefs, and see no reasou for a rehearing, and therefore each application is denied. I bad intended to state, as usual, my for the denial, but, upon further consideration, it ap. pears to me that the main questions depend entirely upon the proper construction of the patent; that I have clearly, though briefly, staied my construction; and that I can hardly hope to express my idea with more clearneSll by additional observations on the. subject.
ROOT
t1.
THIRD AVE. R. Co. July12,1890.)
(mrctd.t Court, S. D. New York. PATEl'l'1'8 FOR IWVENTlONS-NoVELTY-ANTTCIPATION.
The claim of letters patent No. 241,044, granted May 8,1881, to B. R. Matthew· son for cable tramwar for carrying cars around curves, consisting of a series 01 vertical rollers with mtervening vertical plates, as a means for supporting and guiding the cable around the curve, is void for want of novelty, having been anticipated by. an English patent of September 6, 1872, in which vertical rollers are placed in recesses at the sides of the curve; the intervening parts 01 the sides tfoking the place of the vertical plates in the Matthewson patent.
In Equity.
George Harding and George J. Harding, for complainant. Herbert Knight, for defendant.
WALLACE, J. The only claim of the patent in suit (No. 241,04:4, dated May 8, 1881, granted to Bebra R. Matthewson, for "cable tram. way for carrying cars around curvel'l") which is alleged to be infringed by the devices employed by the defendant. is the first, which is as follows: "In combination with a curved tube or tunnel having a traveling cable moving within it, the means. for supporting and guiding said cable around the curve·. consisting of a series of vertical rollers with inlervening vertical plates. supported so as to form a nearly continuous moving and guiding surface upon the inside of the curve, substantially as described." of this claim are not the rollers, H, mentioned in some The of the other. claims, but are any rollers which will revolve on -'Vertical axes, and relieve the cable from. friction; and the intervening plates are
,REPORTER,
vol. 43.
not the vertical 'plates of some of the other claims, but are any vertical plates, whether integral with the tube itself; or fastened removably to the sides of the tube, which will close the spaces between the rollers so as to form a practicaHy: continuous bearing surface ardundthe curve on the plane of the roller faces. The plates have no function of value 3,S respects the cable itself; but, when a grip is usedwithtli'e cable, they may serve to prevent it from sagging between arid striking against the rollers as it passes the curves. The grip. however, is not an element of the combinatlorHlf'the clahn;'llfid the merit 'arid patentability of the invention are to'be tested by the considerations which would prevail if it ,were designed' for use in, a,'cable tramway where a:griplike' that of the "defendantil iTHe"igripemployed by the defendants is so long 8,8: tb reach from, roller' to rollel',andcollsequently is notgl1ided by the inter"enilig' plates. ·Vertibalrollers employed in cable tram ways in comibination. iWith; gUi,des' for the cable flndgrip to travelwithout un:. friction around, the 'curve of the tube were old prioi',to the invention of MatthewsonjaS sufficiently appears by reference to the United States patents to Ohubb and to Oasebolt. The English patent to Roberts of September 6, 1872, describes a tramway in which the cable is carried on floats in a curved trough the rails, which is, substantially, a tunnel or tube wherein vertical friction rollers are placed in recesses at the sides of .'b:eQl,1rve. The tube il) ,preferably made of iron. and the parts of the side which intervene between the friction rollers serve the purp(lseof'!t.!te lintermediateplate of Matthewson in forming, with the faces of the rollers,. a practically continuous 9f;:tbe.c';lrve.,,:. None of the the ,specluc,combination.of"JlOllers and plates which is the subject of the patent to Irrespective of the Robel1$:patent, it would ·,bedoubtful whether it,would involve invention to"ma'ke'l1 continp:qu$bearing surface in thifc\irye ofa tube from the face of one roller to another, in order to guide an object passIng along, when no peculiarity of characteristics in the object to be guided enters into the be done would be to fill up the spaces between the rollers by builqi,ng wall of.the.tube on a line with their faces, or insert the rollers in offsets, so that their faces W9uld·. cQJil,tinqolisline with wall of· the tube, ;U .would, :not . ore. e.' ordinary s.ki.ll of. the calling. to ,9(>: U 4qn e. in pi these waY!ii ;the the claim would ,:J'he expert for the cODJ,plain8.t;lt states ,8.S . his that If the rollers were set into the side of the conduit, or located in offsets, jthern: br.idgeq. ",cros!>. so a§to form a "practically sur a.ce"this would embody the,in,vention ofthe claim. tRei al6o"whatisiperfectly obvious'as a rna-tter of mere mechanical Jtluttdn,a' gentle curve'the rollers can be located further apart than in a boweyer, 'of the:RobertS patent, it seems perfectly:e1ear,tlaat, claim.'" The deare essentiallf the·fla.-roe 'asthbsein the ROberts: pateDtr"J[js:.;oolleFs"are in offsets; and when'liistuoo' is' ma.de'of
below
iron, as iUs,to be, preferably; the spaces betWeen the offsets nre G8J1y the iron plates between the rollers,iwhicli a:re'preferably useti: 'by , Matthewson. The devices of both patents have the same mode Of cooperation. In each patent the devices are used in the cUfveOf a trainway cable tube, and form a practically continuous guiding BurfaM 'on 'a plane with the faces of the rollers. It is true that in Roberts' patent they are used. to guide a float around. the curve, while in the present patent they maybe used to guide a grip around the curve; but, as'DC) ment ofform, size, weight, movement, or detail of, construction 'enters into the characteristics of the object to be l!;uided, the circumstance that one of them is a float, and the other a grip, is whoUy immaterial. The bill is dismissed.
H;
TrBBJD & SON
MANUF'G
Co,'
f1.
l1EINEKEif. . I,:
. 1. PATE'lTS ,POR
{(]ircuitCQttrt; 8.D. New York. July 12, l8OO.) '
Letters patent No. granted July P, 1878, to Henry Tibbe for a pIpe made of corn-cob, the interstices of which are filled from the outside with ¥l !lot invalid for want of invention. ' .' . . The Jackson pipe, w4i94'\fas a. corn-cob pipe havi1J8 thll inside of lIow1ijned with cement, was Ilot'an antIcipation' of said patent. ' ". ' , 'i
'!'!
S. SAME-ANTICIPATION.
wbichtheinterstices are/illed with a s.!#ntially, for the.purpqses,8t't forth. OJ Uponfirilt impressioIol, it would seem'that the old Jackson pipe
,' .. ,,wALLACE,J. The claim of the patent in suit (No. 205,SHHoHein'y Tibbe;dared:July 9, t878) is: ' . , . "As'snew article of ·manilfacturE:'. a smoking pipe in
InEquity: Bill,tbr injunction and accounting. Pam BalceweU. for complainant. Louis Raeyener, .for.deJ\m:dant.
stantially the same"thing as the pipe of the. present. patent: . Bur that was 'pipein,whit'h the imMe 'of the·bowl was lin'ed'with a plasticoement, to fire-proof it, whereas the pipe of'tbe patentisonlin which theinterstitles of the cob are filled with cement. These interstices,or'oollswhich hold the corn, ate on the exterior of the 'cob;'and in Borrieinstances, they could be'filled from the fnsma' Of the bowl, that would notbe a practical way of filling them, and when cobs oflarge<;:lrmredium size are used for the bow1i,llS they generallyare,'tbe be 'fined from the outside. The dressed<to,thos,e skilTedin the art, and the claim is;iobe a.s its language, naturally imports, asoneifor: II:' pipe ill' which ,the extei'idr ibteJ',§ticesJOf;tQeoobare filled with It cement. sup:. plies a sweet and porous receptacle .having