glove, and a flexible button-hole member secured to the upper flap, and of the button; 'Vhich adapttd\ t9?e pressed down upoll , it grasps In the jaws of its flanged ring socket. The button member consists of three partsi-:-a solid studorlmob formed into a baH at its upper end, anq having,a shank extending through two above and,. one beldw the flap of the 'tlieshank being upset at its lower end upon ,the lo.wer disk. The button-hole member consistsofa cap or hood separateofroID'the socket proper"llitld having two proJections or ears, a flanged ring having two elastic flanges or jaws, adapted to or spring, over the enlarged helld or stud, and olasp it around its neck. The button member of defendant's device seems almost identical with the Kraetzero The button-hole member of defendant's device is su,bstantially like that of K:raetzer. It has a separate cap or hood on the upper surface of the flap, and a flanged ring surface, havin.g two projecting jaws to slip over and embrace, the of the knob or stud in the same placedescribeu by Kl'aetzer. The differences of connection in the two devices of the hood end the or the different positions of the flanges 0t: jaws, are The ,whole substance of the Kraetzer invention is found in defendant's device. Nor does the prior state of the art so limit the Kraetzer patents that the defendant should go free, because the Kraetzer patents should not bll limited to the exact forms found described in the the defendllut should not be permitted to,esliJape by making,colorable or immaterial changes in construction whi1eretaining all the vital parts of Kraetzel"simprovements. Motion for injunction.is granted.
LOCKE 17. SMITH
(Jourt. D. Has,ac'hu,ett,. August 27. 1888.)
PATENTS Il'ORlNvENTroN8-INFRINGEMEN'rB-DAMPER REGUIlATORB.
Letters patent No. 835,080, granted January 26, 1886, to Nathaniel C. Locke·.. for an improvement in damper regulators, consist!! of a cOlIlbination of a diaphragm motor, a damper motor; and a valve so combined as to produce a dalIlper regulator of great sensitiveness. Held, in view of the prior state of the that, the only nove.lty is the mechanism of the valve wh,ich contl'ols the supply of actuatmg flUId to the damper motor, the valve bemg separate anddh3tinct from the piston of the damper motor, and that the patent is not infringe,.d]>.1 a, device constructed under the Spencer paten,t,sof September 29, 1885.anll.M;arch 23. 1886, in which the walve'casing is part, of the piston; such! piston beiDA' double acting, receiving the fluid at it!! center. and delivering ie at either w.itha arranged Ip ·.
'of P!'tent. ,JameS E.:)faynadier, ,fol.' complaina,nt. ,Thomaa ,.W. fordefenda,ut&.
Com,. J. ': "Thiss:uitis. brought, upon. plainant.
to; the com·· 26,.1886j:iil. for improv.e-.
ments in damper and patent No. 335,0.33 bearing the date,is for an improved form of diaphragm for pressure regulators. The main cQntrovel'sy is directed to the question whether the defendants' apto .E. Spencer, paratus, which is constructed after, two dated September 29, 1885, and March 23, 1886, 'e;inbodies the improvementsc1escribed in the Locke patent for damper regulators. The Locke , patent is dated January 26, 1886, but the application was filed April 24, 1883. To determine the question df infringement, we must' see what Locke's invention is, as set forth·in his specificll,tion .says: , "Myinvimtion relates to that clasa of automatic damper rt'gulators which have a motor with a movable piston connected with the damper, for operating the same, and have a pipe leading to said motor'in which is a valve for opening and closing the passag«. '" '" '" The object of my invention is to provide a regulator which shaH posseas the requisite power to move the heav· with the least possible variatioll of steam·presSUJ:e in the boilers; and it consists-First, in a damper motor operated by fluid under pressure, the flow and exhauat whereof is controlled by a suppleIIlental motor or regulator sensitive to variations of pressure in the generator; 'secorldly, in Ii. motor actuated in one direction by fluid under pressure, and, 'on eXhaustion ,thereof,moved in the other direction by a weight, the,'employment of water as a motive power admitted ,to the damper operating motor throuKh a auitable valve to be operatM by the changing pressure of the steam in the boilers to be controlled, said steam pressure acting upon a suitable motor with w,hich said valVe is connected; and, th.irdly; in a peculiar cOllstruction of the valve, and'various other devicelland detaila of construction to be hereinafter described. ... lie '" Before describing indetall thtl apparatus shown' ir- tqe drawings which embodies my invention, I desire, ,tq point out in a general way the mechanical conditions under which these macbines are required to operate. and the difficultias heretofore encountered, which are overcome by myinv811tion. First; It is required to move the damper through an arc varying fromforty-tive to ninety degreea, or thereabout, and, as the damper is frequently very heavy,a power and of motion is nMessar)". At the Bame time it is necessary to control the application of this motor power by an apparatus of great sensitiveness, and therefore of short range of motion. ... '.... '" .I prefer to employ a diaphragm motor aubjected to pressure from the generator having a very short rangeo! motion, and with a corresponding sensitiveneas. This motor acts upon, and ia counterpoised by, the ordinary scale-beam lever, with an' adjustable weight. A balance controlling valve is eoupled to said scale-beatn, preferably at' a: distance from the motor connection therewith, so that the motion of said motor will be multiplied at said valve. Said valve Is placed in the pipe, whereby fluid under pressure is conveyed from its source to the damper motor, and controls the flow and exhaust thereof. ...* ... Heretofore it has been customary to employ flat diaphragms, usually cut from rubber fabric, such as sheet packing. Ris '3,' matter of t;bat such diaphragms vary in senaitiveness inversely as the pressure, '" '" '" but I have discovered that by providing the diaphragm with a deep annular corrugation or fold, ... '" '" so that the free parts of the diaphragm constitute two concentric paraJlelsqrfaces, with slight space between to be fille4 and lubripated by themotor fluid. there is no variation in sensitiV'eness with variation ill pressure. ... *... Ido not cill-im, ,as new .the Operl!otiOl1 ot, a stel/.ill damper and motor by ,anauxiHary valve placed in a , line of pipe for tile adniissionof!lteam to sa.idmotor, ,when saidvalyehas no mecbanical auxili\ll'Y Iloppliance attached thereto Same inde-
vendent of the steam-pressure acting directly upon the valve itself. What I claim as my invention, and desire to secure by letters patent, is: (1) The combination, ina draft-regulating mechanism, consisting of a damper and a lllotor .for operating the same, and haVing a valve controlling said motor, of the motor, R, attached to said valve, having pipes,G and K, and pipe, If, and reservoir, F, all substantially as shown and descnbed, and for tM purpose specified." Thirteen other claims for combinations of mechanism described in the and shown in the. qrawings of ,the patent follow the first claim. The invention of Locke embraced a combination of three general elements, It diaphragm motor, a damper motor, and a valve. These elements were so combined as to produce a damper regulator of great, sensitiveness, ,or one in which a slight motion of the,di!lphragm produceda much greater movement of the piston of the valve which controIs the damper motor. An examination of the prior state of the art makes it dear, as it seems to me; that the only novel feature in Locke's. combination is the construction of the valve. By the' admission of his own experts, the diaphragm niotor i,)f Locke is substantially the. old diaphragmm,O;tor of Clarke's patentor 1854, and, the damper regulator of LoQkeissubstantially the old and well-known damper motor of Hallock's. earlier patent. Livermore, complainant's chief expert, testifies as follows: · . ., 96. Answer. I do not think that tl1e element water is itself patentable; nor does any element of the entire Locke. apparatus,'6xceptthe valve, occur to me, wh,ich is, in my judgment, patentable in itself. n' 39. Leaving Ollt of consideration, for the present, differenceS Qf chnstruction of the parts, ao you think the Kipp patent embodies a motor; a val ve for controlling the supply of fluid. to the damper motor, wIttj suitable conl1nits therefor, and a pressure device for ()ontrolling the supply'of fluid .to the damper motor, in the sense in which sllch parts are employedinLo.cjl.e'spatentdamperregulator? A. 1M. Cross·int.40. In so far as reJates, to the damper molar, Locke has made no advaiwe upon Kipp, exceptto substitute one old and well-known kind of motor for another, llas he? A. NQ." 43. III so far as relates to the pressure device, Locke has made llo'advance upon Kipp, exceptto substitute a different, but old and well-known, press 11 re device (diaphragm-motur) for that shown in Kipp's, unless it be in the diaphragm. Is this so, or not? A. Regarded merely asa pressure device, independent of its relations to the other parts, he has not." Nor is theta anything new in Locke's method of attliohment of the lever of the diaphragm motor to the valve-stem outside the piston, so as to give a 'multiplied motion to the valve. On this point Locke testifies . fQllQws: "Cross-ItI;ten'ogatory 93. How long have you known a'valve-actuating device, operating like that shown in your patent, the lever, L, of which is at'tached to the valve outside the piston, to glVli a multiplied motion to the val ve? Answer. I cannot say precisely; quite a number of y'l,Jars. U1·o8s-Int. "94. State as nearlyasyoll can. A. Perhaps twelve or fourteen years. CrossHave they been in public use during that .A. They have for 'Int; certain purposes, but not in connection With damper motors. .o1·o8.v-Int. 96. lIasI10t this kind of valve-actuatiIigdevice been in use during the time jOQ 'have specified for actuating valves of both steam and water appai'atus?
LOCKE t1. SMITH.
They have. Oross-Int. 97. Please examine the catalogue or pamphlet now shown you, (put in evidence and marked.' Defendants' Exhibit Locki Catalogue,') and state whether there is not shown, on page 21, a valve-actuating, device substantially like that shown in your patent, No. 335,080. .4.. There
He then testifies, from date'.'l contained in the circular, that it was issued prior to 1879, and that the valve-actuating device of the patent performs the same duty as did those earlier devices. It thus appe!l;rs that, however great the merit of Locke's invention, the elements which go to make up the patented combination were all old, except the valve, B. The valve, B, forms an element of all the claims of the patent which the defendants are charged with infringing. The chief ground of defense is, that the defendants do not use the valve. B, or its equivalent, ahd it 86.ems tO,me that this positionis sustained by the evidence. Claim 8 is for the combination of mechanism which makes the valve. Locke's expert, Livermore, testifieli.l as follows: "Cross-Interrogatory 25. In your opinion, does the defendants' machine embody the combination specified in said claim 8 of Locke's patent. 335.080? Answer. In myopinion, it does not." "C1'oss-Int. 207. Can you find anywhere in your researches in this art a machine substantially resembling Spencer's, which has a cylinder and piston that may be of any desired diameter, according as the resistance of the damper may render desirable, such piston being double-acting. receiving the actuating fluid at its center, delivering it at either end as required. and with a fluid-controlling valve arranged in its axis? A. I can find no machine having the features mentioned." . Whell Locke himself was (Cross-Interrogatory 212) to compare his valve with Spencer's, he replied: "I cannot compare the two-the Spencer patents and the patent referred to-in this respect, because, while in the Spencer patents the valvecasing. is part of the piston, in my patents the valveis tlntirely and . . disthlct from the piston of the damper motor." This is the evidence of complainant, and it is, of. ::lourse, reinf.orced in still stronger language by the testimony of the defendants. Indeed, it is apparent, on comparison, that the combined valve and damper motor of Spencer does not embody the essential features of the Locke valve. It also appears that the operation of the two regulators is quite different. In the Locke machine,when the damper governor acts, it entirely shuts the damper, or nearly so; while in the Spencer machine the damper closes gradually, as the pressure increases. It is only by ignoring the question of the difference of mechanism, and by giving a breadth of construction to the Locke patent which the law does not permit, that the defimdants can be held as infringers. As to patent No. 335,033 for a diaphragm, assuming the patent to . be valid in view of the prior state of the art, upon which my mind is not free from doubt, I do not think the complainant has made out with sufficient clearness the charge of infringement. The defendants now use the Clarke patent diaphragm, and their slight use of the Locke diaphragmseems'to have been more experimental than anything else. ·And
upon this ,point'the 'positivetestimony of ,Spencer. that he' never used a af!er the,' pa,ten,twas. a:pplied' for met or overcom,e ,The bill should be dIsmIssed.
, MARVIN C(J(rcuit (Jourt, D.
PATlIlNTS ll'OR INVENTIONS-NOVELTY-DRAFT EQUALIZER.
PlLtent No. 172,756; January 25,18,76, to Richard M. Marvin for a draft equ/tl· izer, used in the attachment of three horses to harvesterll and other machinery, consists of an' evimer and two leWrs pivoted; the former at its 'center, and the latter at their,ends to the tongue. ''l'he first lever is attached to the end of the evener and the single horse is attached to the em;! of the lever. The second lever is on the oppos,ite, side of the ton,,gue, and its free end is fastened to that of the evener, aud the two horse,S are, attached to its end. The first-named lever Is pivoted to tlletonguelnfront of, the second. A patent issued to E,dwinF."I'oof, December 19, 1865, was fOr an invention for the same purpose, consisting' of a shOrt evener pivoted at' one-third its length,the bne horse drawing on its long end. A lever'is attached to the same side in front of the evener, and is attached to it. On the free end of the lever the single horse is attached; "On theottier side another Jever is attached twice as long as the former, also attached to the evener, ,!Lnd to the end of t;hislever the two horses areattaGhed. ,The length, and place of pivoting these levers may be varied to give the one greater or,less',advantage over t,he others, or the first lever may be pivoted in the second for the same purpose. No use was made until he obtained his patent, and since then manu.Qf facturers have used hiscomb-lnation instead' of that of Toof, upon which the patent expired in 1882. The patent to Marvinwaeissued after a careful. com·; parieon ",ith the ',roof patent. Held, that the Marvin patent wae not void for :Want of novelty,andthat it waSD'ot anticipated by the Toof patent.
Action by Richard M. Marvin against Charles J. Gotschall for damages for the infringement of letters patent. Frackelton Jor plaintiff· . . Woods, Kingmnn, for defendant. i iSmRAs, J. On the 25th day of January, 1876,letters patent NO. 172i756 were issued to the plaintiff for an improvement in draft equalizers, which invention related to the.means 'of attaching three horses to Qiharvester'or other machine, in which the' pivot of torsion is outside the line of draft; two horses' being placed on one side oLthetongne or pole and, tme on the other, so that; the labor of ,drawing the machine should be equally distributed, while ,the side draft or torsion exercised on the tongue should be equaliied.' The means. used to accomplish these ends consist of alever or evener, markedQ.upon the drawing attached to the!pateht, which is:pivoted'at its centerpoint dn,the tongue, a lever, marked; F;pivoted at bneendtothetongue and attached 'to one end of the lever,. C, it being intended: that the single horse shall be ,attached to the lever, F, apd; a spreader attaphed: at: one,endto-the, ,tongue and
'At'Law. Action for damages for infringement of letters patent., '