468
'iFEDliRAL
REl'ORtEB,VOl.
52.
o(oplni<>tl that tMs
t4a.t
and the Noyes patents.
prior invelltion has not been, established by proof which is necessary.in order to invalidate Decree for complainant.
MUNICIPAL ,SIGNAL
Co.
'D. GAMEWELL FIRE AT,ARM TEL.
Co. et al.
(Oircuit court, D. Ma88ach/u8etts. August 10, 1892.)
No. 2,537. PATENTSJ'OR L"lVENTIONS LIMITATION OJ' CLAIM PRIOR ART- MUNICIPAL SIGNAL
Letters patent No. 844,4S0, issued June 29, 1886, to John C. Wilson, for an electric signal bOX, covers, in claim 6, a box in wbich a citizen's key removes an ob8tacle from the sJ.gnaling crank, and the signal, is then operated by the crank, whose haIfdie projects through the door. The key, after performing its function, is, sO as to prevent its Withdrawal by means of mec4aniBm oPerated by the Inovemel),t of the door, the key being held while the door is closed, and releaseii when' thMloor is opened.' The claim is for a signal box in which the mechanism is "cOntrolled "by a that, in view of the prior state of the art, as shdwn by letterspatet1t No. 157,002, issued November 17,1874, to Z. P. Hotchkiss, and by'the Wright, Holley & Miles patent of June 17, 1878, the claim cannot be construed to cover a signal box in which *e transmitting mechanism is operated directly by the key, and withollt any further action by the operator.
.
"
In Equity. Suit for infringement Of patent. Fish, Richardson &- Storrow, for complainant. Charlea N.' Judson, for defendants.
Bill dismissed.
COLT, Judge.. This suit relates to electrical signal boxes used in a municipal signal system. It is upon the alleged infringement ot three letters patent,-No., 157,002, dated November 17, 1874', issued to Z. P.Hotchkiss l No. 344,430, dated June 29, 1886, issued dated November 13, 1883, issued to John C. Wilson, and No. to John C.Wilson and MiltonG. Davis'. As the Hotchkiss patent has now expired, it is no longer relied upon by the complainant. The date of applicIitionfor the Wilson patent is earlier than the date of application far the Wilson &'D.llvis patent.' The complainant, being satisfied that both these patents contain the same invention" has elected to stand in this case upon the Wilson patent alone.· In order to understand the scope of the i ":ilsonp'atimt1 it is necessary to 'briefly review the state of the art at the time the Was made. Electric signal boxes are used to convey' a· central station an alarm. of fire,. or other like signals. should be sent with the Three requisites s,eeni to be necessary: The least 'delay; it, should be correct; and the sendi'ng of unauthorized signals :s119t!.ld be. prevented, as 'far as possible. The box is connectedby With the central statiQn,'iuld the message is transmitted by alternately 'opening and closing the 'electric drcuit at the signal box. means of a key which operates a break wheel with a This is notched periphery. the raised portions of the wheel touching a fixed contact
MUNICIPAL SIGNAL CO. V. GAMEWELL FIRE ALARM 'DEL. CO.
469
spring, and so closing the circuit, while the notches in the wheel do not touch the spring, and consequently break the circuit. The break wheel transmits the number of the box, and sometimes a special Illessage in addition. It is commonly moved by a mechanical motor, and to transmit the signal the motor is wound up and runs down again, or, where a normally wound motor is used, a detent is removed, and the motor permitted to run far enough to send the desired signal. In the last class of boxes, where the motor is wound up from time to time, the signal can generally be repeated by tripping the motor for the second time. In order to keep the public from meddling with this mechanism it was inclosed in a box. On the outside of the box there was a handle which the sender of a signal could turn, and thereby transmit the signal by winding or tripping the motor. . It is obvious that a box of the character described, if put upon the street, would be the subject of false alarms from mischievous persons I the handle; consequently Buch boxes were inclosed in an outer box ·with a lock door; and, in order to send an alarm, the key to. this outer box had to be obtained, and the door unlocked. The. inner door could only be unlocked by an officer. In this form of bpx there would be more or less delay or possible mistake in sending in thel citizen's signal, as it required several distitlctoperations by the sender to reach the signal crank. There was also a: possible difficulty in opening the door of the box by reas.on of rust or ice, lind, further, I a person might obtain the key and send in a false !i.larm, and then walk off with the key.. These objections were in plirt overcome by thei Fairchild patent of October 28, 1873, whereby the lock was so con-. struated as to trap the key. This lock was applied to the outer door: of the box, and the citizen was still obliged to open the outer door before he could operate the signal. In the Wright, Holley & Miles pat-' ent, dated June 17, 1873, the box was constructed with one door, which did not need to be opened for the purpose of sending the signal. i The citizen inserted a detachable alarm key in the box, and by turning it removed a detent from a normally wound signaling mechanism, ,and so sent in the signal. It was not necessary in this device to unlock the door, open it, and pull a signal handle, but only to insert and turn a key in the box. In the Hotchkiss patent, 17,1874, the patentee states his invention at the beginning of the specificati.0n: "My improved signal box is secured by a lock, the key of which to be placed in the hands of the chief engineer, or other responsible public officer, a second key being issued to cnstomers, by which key, only, an alarm can be given. The construction of tht! parts is such that. after the alarm key has once been introduced by a party desiring to turn in an alarm, it cannot be withdrawn until the proper functionary arrives with the key which .()pens the box, and rewinds and sets the alarm mechanism for future use." I'
In this device the alarm was turned on by the operation of the citizen's key inserted in the outer door of the box, and the key was trapped by means of a combination of locks. This device seems to combine the improvements of the Fairchild and the Wright, Holley & Miles patents.
470
FEDERAL REPORTER, ·vol.
The fdregoihgillustratethestate dftheart at the. time of. the· Wilson invention·. '; The is for an apparatus in the citizen's key removes an obstacle .from the signaling craak, and the signal is operated by turning the crank, whose handle projects through the side of the door. There. is a, keyhole.in the Olltside oithe box, in which the citizen's key is inserted; and the turning of this key permits the sending in of an alarm by rem(wing the obstruction in the path of the signaling lever. The' locking or trapping device for the key is operated by the movement of thedoor,which prevents the withdrawal of the key when the door is closed. and releases it when the door, is open. The first five claims of this patent are for the specific devices described therein. The sixth claim upon which the defendants rely in this case is in the following language: signal box having a movable door and transmitting mechanism. the operation of which is controlled by a key inserted frOm the outside ofth,e the door is closed, apd a loc/tingdevice for said key, operated by the mov«5ment of the dQorpreventillg the withdrawal of the key when the dooris closed, and releasing or unlocking said ketwhen thtldoor is open, substantially as described.'" , '
.be. observed claiIQ consists of two elements,-a signal operati9nof whicp.is a key, and a trapping device for the key,operated by the door... The special merit ofthe Wilson to lie in controlling the locking device of thekeyby moyillgth,e d:ooi', !tn.d play have shown invention. So fl:lr, as operating the oran&:, hl;>wever, the Wilson apparatus is inferi9r tq the prior E:<>;tp.hkiss device. In the Hotchkiss device, the operates. the alarm. inechanism, while in the Wilson citizen's Qnly controls suchmechauistn ; hi other words, the key only rewo!es an obstacle in the way of the operation of the signal crallk, and it after the kEly has been turned, that the citizen should with his band the. ,signAl lever in order to operate the pull trll,nsIlJitting. mechanisIP. ,I do 'think a transmitting mechanism .bY the key cov0rs, a transmitting mechanism operated directly by ,the In the defendil.11ts' ap{laratus the key operates directly the and for this .it does not infringe the Wilson patent. The of prior art, as above shown, forbids such a broad construction of this sixth claiIl), as, would cover so. marked a differllDce in the dev1ges of tne transmitter. Upon this ground, 11Ilust direct that the bill.be with costs. Bill dismissed. It
GAMEWELL FIRE ALARM TEL. CO. V. MUNICIPAL SIGNAL CO.
471
GAMEWEJ,L FIRE
ThL.
t1. MUNIcn;AL SIGNAL
CO.
(Circuit Court, D. Massachusetts. August
to, 1892.)
No. 2,543. PATENTS FOR INVENTIONS-LIMITATION OF CLAIM-PmOR ART-INFRINGEMENT.
Ltltterspatent No. 164,425, issued June 15,1875, to Stephen Chester, for an improveml'lnt in fire-alarm signal boxes, cover, in. the third claim, "the combination of an independent pinion or equiv.alent device with a wheel, sector, or rack, and a key or equivalent Implement wll.ich may pass through an orifice in a closed door, fill' the purpose of winding ·110 Illpring or raising a weight." This claim was inserted after, t11e rejection of a broad claim for "the winding up and preparing for action the'motive force of said apparatull by turning the key, or similar device, inserted in the keyhole of a closed door or cover. ", Held that, in .view of this action. and of the fact that the combination. of a pinion, wheel, sector, or rack with a keY' or its equiValent, passing through an orifice in the door for the purpose of a spring or raising a wei/tht, was old at. the .time of the invention, the claim must be limited to the specific devices set forth; or their equivalents, and is not infringed by a signal box in which the devices are widely dissimilar.
In Equity. Suit by the GamewellFire Alarm Telegraph Company against the Municipal Signal Company for infringement of letters patent No. 164,425, issued June 15, 1875, to Stephen Chester. Bill dismissed. The issue was on the third claim of the patent, which reads as fol. lows: . "The combination of an independent pinion or t'quivalent device with a wheel. sector, or rack, and a key or eqUivalent implement which may pass through an orifice in a closed door for the purp08e of Winding a apring or raising a \Veight." Chatle8N. Judson, for complainant. Fish, Richardson Storruw l for defendant.
«
COLT,Circuit Judge. This bill in equity alleges the infringement of letters patent No. 164,.425, dated June 15, 1875, issued to Stephen Chester. The invention relates to an improved form of signal box: for the transIlilission of fire-alarm or other electro-telegraphic signals. The mechanism is somewhat complicated. It is only necessary in this case to particularly examine that part of the contrivance covered by the third .claim. The Chester signal box has within the case an interior box which is described as containing a combination of gear-work capable of causing any electrical circuit closing and breaking devices to move with uniform .speed, when the weight or spring necessary to produce motion shall be .attached thereto and shall be wound up. The patentee further says: "It has' been customary to Use clock-springs inclosed within this circular ·box, 0, for impelling the said machinery, which, in very cold weather, are liable to fracture, or to inequality of motive force when subjected to grp,atly varyingdegtees of temperature; hence, in many parts of the country, demands -have beettrnade to have weights substituted to drive the machinery, which operate outside the box, C. The objection to this latter mode of propulsion -has been that the method of Winding up the machinery has been such that the weight would be raised with a sudden, impulsive motion, frequently