WOLLENSAX t1. REIHER.
WOLLENSAK 'V. REIHER. 1
((Jircuit (Jourt, N. D., illinois.
PATENTS FOR INVENTIONS-SET-SCREWS.
July 26, 1886.)
Letters patent No. 278,759, of June 5, 1883, to John F. Wollensak, for an improved set-screw, sustained, and found infringed.
In Equity. Banning .x Banning, for complainant. Ohas. T. Brown, for defendant.
BLODGETT, J. This is a bill for an injunction and accounting by reason of the alleged infringement of patent No. 278,759, granted June 5, 1883, to the complainant for an improved set-screw. The scope and object of the invention is set out in the specifications as follows: "My invention relates to that class of screws known as 'set' or 'thumb' screws, and its object is the providing of means to prevent that portion of the screw which is operated on by hand from becoming detached and lost; and the improvement consists in attaching a lug to the male so that, after the male screw enters the female screw, this lug or spur is bent downward to a position where it will engage upon a lug or nib upon the outer shell of the female screw, whereby the male screw can only be turned until this lug or spur comes in engagement upon that on the outer shell of the female screw. The claims of the patent are:
"(I) A set-screw, consisting of a male and female screw, provided with lugs designed to prevent their entire separation, substantially as described. (2) The male screw, A, prOVided with a lug, ai, in combination with the female screw, B, provided 'with a lug, b, substantially as described, and for the purpose set forth."
The chief, if not the only, use to which the invention has so far been applied, has been to fasten the lifting rod of a transom, so as' to hold the transom open or closed, the lugs described preventing the set-screw from being removed by a child or other person who might meddle with it. Defendant admits that he has made and used thumbscrews constructed substantially as described in the patent, but insists that he ceased doing so immediately after this suit was commenced. As there is no evidence in the case showing, or tending to show, that this device is not both new and useful, and the infringement is clearly made out, there must be a decree fOl'an accounting and injunction in fuor of complainant.
tEelited by Charles C. Linthicum, Esq., ofthe Cbicago bar.
OoNSOLIDATED BUNGING ApPARATUS CO. V. PETER SOHOENHOll'EN BREwING CO. 1
(Olrcuit Oourt, N. D. illinois. July 26, 1886.)
I. PATENTS FOR INVENTIONS-CONTEST IN PATENT-OFFICE-INJUNCTION.
The action of the patent-office in !p"anting areissue, after an exhaustive discussion and examination of the art, In which opposing interests to the grant were fully heard, is of weight in an application for a preliminary injunction to restrain infringement of the reissue.
SAME-INCIDENTAL CONSIDERATION OF PATENT-NOVELTY.
The patent sued on having been discussed in its relation to the state of the art in another suit, (N('//() Process Fermentation 00. v. Koch, 21 Fed. Rep. 580,) where it was held to anticipate the patent there sued on, and infringement being clear, such decision considered, oil'the question of novelty, and a preliminary injunction granted.
In Equity. W. W. Leggett, Banning et Banning, and Dyrenfortk tf Dyrenfortk, for complainants. We8t « Bond, Geo. B. Selden, and John N. Beckley, for defendants. BLODGETT, J. This is an application for a pr!'lliminary injunction to restrain the alleged infringement by defendant of reissued patent No. 10,284, granted February 6, 1883, to John M. Pfaudler, Edward J. Kelsey, Josiah Sullivan, and James Sargent, (the last three being assignees of Pfaudler,) for an "apparatus for regulating the pressure in a series of fermenting vessels," the original patent having been issued to Pfaudler, July 2, 1878, and the application for the reissue having been filed August 26, 1879. It is stated in the specifications that the "invention has for its object to provide an effective apparatus for equalizing the pressure in a series of hogsheads or other sels containing beer, wines, or other liquids in a state of fermentation, and for regulating the pressure of the gas caused by such fermentation, so that it shall not exceed a certain number of pounds to the square inch, previously determined and ganged in the said apparatus." The apparatus, as described in the specifications and drawings, consists of one or more reservoirs, connected by pipes with the hQgsheads or other vessels containing the fermenting liquids. To this reservoir is attached an escape pipe, with a pressure gauge attached, so that, when the pressure in the reservoir exceeds the amount at which the gauge is set, the gas blows off through the escape-pipe until the pressure is reduced to the gauge; and it is claimed that by this apparatus the pressure in the casks is equalized, the process of fermentation in the different vessels is made uniform, and, as applied to beer, the liquid settles and clarifies much more rapidly than by the old process of finishing. Defendant denies the patentable novelty
b;r Charles C. Linthicum, Esq., of the Chicago bar.