BOSTON ·. EJ,EeTRIC , 00·. t1;.
·Fish,. 550; Putnam ,v. :Hollender,:l9.,Blatchf. 48; S. C;6Fed; Rep. 882; Howey. UndtrwoQd, 1 160; OlOughY. Barker, 106 U. S.166; S. C. 1 SUR. JWp.188. . ".1 , · The.d.efendants. infringe. The Spencer spring used by them is con· structed with a vertical bend or bearing loop at the central axis of the f!pring. .This bend or pin passes through a metallic eyelet in the, we1;>-: bing. The spring is so wound that on either side ofthe webbing there is a horizotlta1, or nearly horizontal, coil, at right angles to the axis of the spring, which helps to support the spring in a vertic:al position. A' portion of the central coil is wound at right angles to the axis, and there is a level bearing of the spring upon the webbing. It is quite likely an improvement,' but, nevertheless, it performs aU the' functions of the patented spring.. The q.uestions argued relating to the amount of and profits can best be considered upon the coming in of the report of the master. The complainant is entitled to decree for an accounting upon the first and second claims of the patent.
FULLER and others.
(Oirc.uu(Jourt, D.ltlaaaachuaett8. December 24, 1886.)
No. 280,l'590 -
The invention contained in letters patent No. 230,1190, granted July 27, 1880, to Geo. F. Pinkham, assignee of Jacob P Tirrell, for electric gas-lighting apparatus, held, not anticipated by the Tirrell inventions of 1871 and 1872, contained in patents No. 121,802 and No. 130,770, nor by the Cutler patent No. 220,704; none of these prior devices being so constructed that by the action of the electric current the gas-cock is turned by a single impulse and a succession of sparks is produced at the burner tip without further motion of the gas-cock.
Held, also, that this improvement over prior devices constitutes invention.
SAME-!NFRINGE)iENT-DrFFERENCE IN DETAILS.
The patent held infringed by defendants' apparatus, although the latter differs somewhat in construction from that described in the patent. The fact that the main features in the patented apparatus, such as the circuit breaker, sing'le circuit, operating the gas-cock directly by the armature, are old, should not limit the patentee to the exact form of mechanism found in the patent.
Suit for infringement of patent.
J. E. Abbott, for complainant.
E. P. Pay80n,for defendants.
CoLT,J. This suit is brought for infringement of the first claim of letters patent ,No. 230,590, granted July 27, 1880, to George F. Pinkham, assignee of Jacob P. Tirrell, for electric gas-lighting apparatus. The invention relates to apparatus forlighting gas by electricity, in which
the gas-cock is opened and closed by electric action upon a mechanical specification says: device connecting with the cock and a battery. "My present improvements consist in the employment of a horizontal swinging arm attached tc the low:erend: of the vertical gas-cock, this arm being forked and straddling an upright bar erected upon the top of a vibrating armature disposed between twopai1'8of electro-magnets,and caused to vibrate by the closing and opening of an electro-circuit from a suitable battery, the vibration of the armature effecting reciprocation of .the lever and cock. "My invention also consists in connecting the armature with the lower end . of the movable electrode or arm in Such maimer that, as the armature moves in one direction and opens the cock, it causes the movable electrode to separate fro:rnthe fixelland insulated electrode, thus breaking the electric circuit and produj)iD,g a'spark to a reverse movement of the armature closes tile cock and allows the movable arm to return by the stress of a spring and make contact with the fixed arm. * *. * "It will be seen that the vibrations:of the armature are of such extent and itsl"ela;tions to thilgas-cock and movable electrode are such that the cock is open before the spark is produced. The purpose of this is to cause a sufficient volume of gas to issue from the burner in .advance of the spark to insure its ignitiQn by the latter. * * * "In the use of this device the pressure on the knob which charges the magnet, H H', should be continued fora. few seconds, as this produces rapid intermittent vibrations of the movable electrode and a corresponding number of sparks; the object of this being to insure the lighting of the gasskould the first spark fail to do so. In order that these continued vibrations of the movable electrode and armature may be placed without effect upon the gas-cock, I form the notch in the forked end of the lever of sufficient width to permit of the vibrations of the armature Without moving such lever."
Claim 1 is as follows: "(I) In an electric-lighting gas-burner, a magnet for turning the gas-cock by one electric impulse, combined with a: fixed electrode, a', and a movable electrode, Of. normally in contact, and mechanism connecting the armature with the movable electrode to break the contact between a' and c' the instant after the gas is turned on, and create a spark for ignition. substantially as described." . In gas-burners there is a portion of the tube between the cock and the end of the tube which becomes .fuP of air when the gas is turned of'. When the gas is again turned oli a little time is required to expel the air from the burner. If only one electric spark is produced at the tip of the burner the instant the gas-cock is turned, the air would not have escaped and. the gas may not be lighted. In the patented apparatus the gas-cock is opened by a single impulse, and by pressure on the button a succession of sparks is produced at the burner tip by the intermittent vibrations of the movable electrode and the armature, and these vibrations occur without further moving of the gas-cock by reason of the notch in the forked end of the lever. In closing the gas-cock no spark is produced at the burner tip. There is evidence that this apparatus was the firstw:hich operl1ted successfully:in:house lighting, and that it has been ex.tensively used. Now it is apparent ,that thisa:pparatus was not anticipated by the Tirrell inventions of 1871 and 1872, and contained in patents 121,302 and 130,770, nor by the Cutler patent No. 220,704.
ALLISON 'lI. TRUSTEES OF NEW YORK &; BROOKLYN BRIDGE.
None of these prior devices were soc'onstructed that by the action ofthe electric current the gas-cock is 'turned by a single impulse and a successionof sparks is produced at the burner tip without further motion of the I am also satisfied that this improvement over prior de. vicescOllstituted invention. . The defendants' apparatus is, the same in principle. though itscortsomewhat from the plaintiff's. The magnets have their cores· pkhl.llelwith the burner, while the magnets in the patent are subthe movable electrode has a vertical 'staritially'at right angles movement to break the while the movable electrode in the paterit a laterally vibrating movement; in defendants' apparatus the armature is horizontal instead Of vertical, and the means for breaking the circuit are somewhat different. I am of opinion, however, that the defendants' apparatus embodies the substance of the patented invention, and that changes in the details of construction should not protect them from the charge of infringement. The fact that the main features in the patented. apparatus, such as the circuit-breaker, single circuit, operating 'the gas-cocl\: directly by the armature,were old,should not limit the complainant to the exact form of mechanism found in the patent. The patent covell!. an important improvement in the art of lighting gas by, electricity, and it should receive a reasonably broad construction, and' those shoull! beheld to be infringers who accomplish the same result by substantially the same or equivalent means. Decree for complainant.
AUJISON 1'. TRUSTEES OF NEW YORK
8. D.New York. December 28,1886.)
PATEl'lTSFOR INvEl'lTIONS-No. 105.290-PIPE COUPLINGS-SCOPE OF CLADlINFRINGEMENT. . The claim of letters patent No. 105,290, ,granted July 12, 1870, relati,n g to an improvement in pipe is for rods or tubes "having tapering ends, and tapering threads upon the same, in combination with a sleeve having tapering sockets, and threads corr.esponding to those of the rods. " Held, that the terms "tapering ends" and "tapering sockets," considered in connection with the descriptive part of the specification, are to be interpreted as describing a. rod with a screw, and a socket with a tapering chamber, and that the patent is not infringed by a coupling using rods.in which the threads of the screw surround a cone-shaped stem, but the exterior lines of the threads form a cylinder, and not a cone-shaped or tapering end or screw,and in w)lich the exterior lines of the sleeve form a cylindrical chamber, and not a cone-shaped or tapering chamber.
Suit for Infringement of Patent. George Harding, for complainant. Bergen&: Dykman and Witmore &: Jenner, for defenda.nts.
, WALLACE, J. The only issue between the parties is whether the rOd coupling of the defendants is an infringement of letters patent No.