posed, and 'by whatever name known." Of course these acts 'are tobe interpreted in accordance with theuhderstandingofthe mercantile Community', ;gnd, you have therefore, been informed by the witnesses called both parties as to what the trade understood by the terms "'card-cases;'17 "pocket-books," and "shell-boxes" at the time when this act wlispassed. And both sides here agree that these articles were not at that timeincluded in tbose specific designations; that they are not card-cases nor pocketbooks uOr shell-boxes. 1'he :clilim of the defendant, however, is that they are articles similar to one or other of those particular trade articles thus enumerated. Similarity is not absolute likeness, and does Mt :exelude the idea of difference. Likeness excludes the idea 0lJdifference. Similarity includes only the idea ofcasual likeness; and, in determining in this case the question of similarity, one important element which is usually taken into consideration is to be omitted, to-wit, the of which they COmposed·..... The paragraph expreSsly provides f9:rarticles similar to' carll-cases, pocket-books, or shell-boxes) 'no matter, ofl'lihat be. composed. In determining,then, the whethel' these articles are substantially similar. to III card-case, apocket;.book, or a shell-box, you are to take into consideration the ments which go to make up the. similarityof one object to another. With regard to' one of these articles, which ate of different,size8, and shapes, are to consider, in determining ita,simUarity to the pocket-book,card-(lJUle, or shell-box of commerce,its its shape, its size, its weight, its organization, or the co-relation of its parts; its use; and adaptability to use, with due regard to;therelative different ,parts, and to the 'relatiVe its different subserves1X;lorethana : test,' if you should reach the conc1usio)l that. .o:fanyof them, are simillU'i to or shell-boxes, as they were.known to the trade when the act of 1883 was passed, then your verdidt will be for the defendant; if you do not reach that conclusion, your verdict will be for the plaintiff; and if you find a similarity as to certainofthe'articles, and a as to others, then you may render a verdict for defendanta,s to. such of the artiCles as you find to be similar, and So special verdict as to those articles which you find not to be similar.
Verdict for plaintiffs.
.": .(CircuitCouTt, E.D. New York. JUly 19, 1886.)
. . FOrbes; and Rebert for hand soldering tOols, with' tile' part cortespO'qding' to (i '''ring or cup-shaped." ; 1:' . '" ,; " , ' ... , .. \
1870, for an' improvement in machines for soldering can-caps, whtch describe.. "'Dne ring.:orcup Bhaped80lderingt.ool, G forsolderinjr' the caps upon can&, Bub. \1Jlrein snown and, described,>! mu,t,be liD;1ited to a !Manin8 arranged to tl1e.manner described. in. view Qf. the prior Ell&'lish pateIit.ll·:to ca,nq.I!J.
Claim 1 of
No. 109,577, granted to
B. Bishop November.
In Equity. Bill by Ellen L. Bishop, as administratrix, and Charles E. Dexter, as administrator, of William B.. Bishop, deceased, against John Romaine, to restrain infringement of patent. Ernest a. Webb, for plaintiffs. David A. Burr, for defendant.
BLATCHFORD, J. This suit is brought for the infringement of letters patent No. 109,5rI7, granted to William B. Bishop, November 29, 1870, for an in machines for soldering can-caps. The specification and drawings are as follows:
"To allwbom it may' concern: Be it known that I, William B. Bishop, ot Brooklyn,lntheeounty of Kings and'state of New York. have invented a new: and u!leful impro'fement)n machines for and I do the foJlowingissfull, clear, and exact description thereof, 'Yhich will. ellable others skilled, in' the art to make and.' use the same, referencE.' to the accompanying draWings, forming part of this tioniin which figure 1'1s 8sideYiew'of my improved machine, partly in see-o t10n, to .sbow tbe construction.: L]j'jgpl"e 2i8 a horizontal section of the samef 0,: Q!, Fill:. 1·. Similar letters of ,ref'0rence indicate rQBpondingpM't.e.c" ,My invention has for its object to a simple, mac,hinefor spldering caps upon aheekUletal cans; and it consists iilthe construction and cofubination of various parts of the machine, liereinafter more fully descri'bed.· the lower platform of the whichl is securely' attached to and supported by legs, B. of such a length as to rals6the machine )to a :convenientheight.C is the upper platform, which is pIatfor/ll, A, aoll supported by the rods,,D, whioh have screwcpt uPCln 0lle orboth to ve nuts.· which 'are screwed upon the .a1:>()ve and gne below,each platform, 3!1 shown in Fig. 1. This two platforq1,s'to be adjusted at ,a greater or less dis1Jance apa1't;abcdrding to the height of ClSns, to be soldered. E is the furnace.in which'thell·re is formlld te heat the soldering tool, and which is providedwith;a detachable cover, and with openings to admit the air, to support eQllI bustion, an4 for tll'e escape of sIDokeand other prpd llct:!ofcombusti/.ln. w'hillh a bar or other snitable,material. pllic.ed yer,tJ,cally in tile centero! the furnace, .E, with its lower end resting upon the center of theplatform,C. The heater, F, is conn ected' with the soldering iron, Gobya sci'aw, which passes throllghahole in the center of the platform, C, and which is formed upon either th'e heat!;'l\F, or soldering tool; G, and Sllrews into other of said parts, so that the soldering tool, G, may be kept hot by heat conducted to it from the heater, F. The solderingtool,'G. may be 'made of copper. wrought-iron. cast-iron, or other suitable material; and its face is concaved, to receive the cap to lie soldered, arid to give a ring-shape to its edge that com.es in contact with the solder around the edge of the cap. The cap is held in place upon the soldered by the rod, H, which passes down through the heater, r, arid soldering tool, G, so that its lower end rests upon t}le.llrod 'cap...The Uppel' end of H, is weightpd, to enable it to hold the cap securely in place While being soldered.. I is the table, which "the flfseUobeopei'!lted upon, where ins in p1llce':by ill ;c,l.1ryed.to t\'lceiye between'ili$arms. wbereit is by the -said arms ; the ends of said arms being curved outward slightly to allow the can to be conveniently forood intaplace between .. IDi(1ti.le part of the elastic or spring. bar, J,isattachedto thaupfier elia·ot the support. x; the lowel; end of which is secured to the table, I,
BISHOP t1. ROMAINE.
near one edge, by a screw, which passes through a slot in the lower of. the said support, K, and screws into the said table. I. as shown in Figs. 1 and 2, 80 that the position of the said bar, J, may be adjusted according to the size of the can. The table, I, is made circular In form, and is seourely attaohed to the upper end of the vertical shaft. L, which passes down through and revolves in the lower platform, A, and in a support, M, attached to said platform, A, in such a way that the said shaft may have a vertical movement through its bearings. The lower end of the shaft, L, rests and revolves in a step pivoted to the end of the lever, N. which is pivoted to a support attached to the platform, A, and to the outer end of which is pivoted the upper end of the connecting rod, 0, the lower end of which is pivoted to the treadle. P, the inner end of which is pivoted to the floor, or to suitable snpport, and the onter end of which projects into such a position that it may he conyeniently reached the canto tile soldering tool. and Qperated by the operator with his foot To tile shaft, L. is attached a bevel-gear w'heel, Q,the teeth of which mesh which re. into the teeth of the bevel-gear wheel,R, attached to th.e volves iIi bearings attached:to the platform,A, and to the end of which is at· tacheda· crank, T,· by means of which the· vertical shaft,L, is revolved j the wheel,Q, being connected with the shaft. L, in such a way as to carry tile said shaft. L, withit in its revolution, whj.Je allowingthe shaft to have a free vertical movement. If desired. se\Oeral sets.of tables and soldering toolsuiay be withthl.l same crank-shaft, so that a number of can-caps; may be 801dere4 operation. Havinj:(thnsdescribed my invention, Iclaini asnew, an(\desire to secure by letters patent: (1) Thering or cup shaped 80lderi ng 'WhI,· G.for soldering the·· caps upon cans, substantially as herein shoWn and dascribed. (2) The ta,bIll, I. having al$o averticll1 .ment" in (J()II)bination witll ring or cup shaped soldering tooI, G, sllPstan7 and described. and for the pUfl10se !let Jp)'l'he combination of the adjustable elastic holder··T, K. with the reV"O:t'Vingtable, I. substantially as herein shown and described, and for the purpose set fol'th; (4) An improved machi1l6 for soldering can-caps, formed by the combination of the platf9rm, A, feet, B, adjustable platform. C, adjusting and supporting rods. D, furnace, E, heater, F. ring or cup shaped soldering tool, G. Weighted holding rod. H. table, I, holder, J, K, shaft, L. lever, N, treadle. P, gear-wheels, Q and R, shaft, 8, and crank, T.·with each other, substantially as shown and described, and for the purpose set forth." It is not contended that any claim hut the first· has been An examination of the specification· shows that Bishop did not nnder:stand that he had invented, or sought to claim, anything but a macb,ine, Qr p!l:rts of ll-machine, to be operated inlt with the mode .ofoperation Bet forth. He says that his invention has forits otlject to furnish "a machine," and that "it consists in the construction and combination orvarious parts of the fully'described;"k'furnace, in which to make a fire, surrounds R" longitudinal vertical' Hollow metallic heater, F, which is heated by the fire, and commllniC&tes its heat, by,coIiduction,to· the soldering iJ:Quoor tool, G, which is also of metal;and'has a concave -face, into whicb the cap. to be Bolderedfits. The cap is held in place while being soldered by a rod, H, which pasSeS down through the heater, F, and the tool,G, and rests at lower end on the cap; its uppal:' .endQeing weighted. The soldering tool is stationary, and does not rotate or revolve. But the can is set on belollVOjwhich iSllrral1ged to lift it for the ,9peratioll" ldw:eritagain"the fable the
sha.n, ,andclirries' th'e''(lli,n' around in cop.tact,f!.t end Of the tool. . :;,;',." ,There is no Buggestion, in. the speCification of the USe of the soldering tool, G, as an independent movahlehand tool, to be used from the machil1e,ahd llpart frorn a revolving can. Mo,reove" thel'ring or cnpshaped solderingtpol, G," as defined by the terms of the tion and claims"is ,co,lloned to the part lettered G, and does not include the heater, F, or rod, H, or any of the other parts. in the fourth claim. The first claim, therefore, in claiming "the ring or cup shalled soldering tool, G, for soldering the caps as herein shown, and described," claims only the cup-shaped or concave part, which is at the lower end of the heater; F, and wholly below the platform, C, and claims it only as a tool in the machineo! the special form defined, and fixel!' reference to a revolving can. . The defendant has no machine. His entire llPparatus is a hand the part of which to"the metallic heater, F, is of woor,l, and the appliratusis moved and rotated by the hand to do the soldering. Although the part of the appnrat\:is'which corresponds to thepart,G, of Bishop, is concave,and its edge ,has a ring shape, yet hllnd soldering with the part corresponding, to 0, "ring or eupehaped," existed..in the prior English patents to Carson and Forbes. and Hebert. Hence'.tb,e part, G, claimed in the nl'st claim, must be limited to that part auanged to, work in the machine ili:the manner described' in the ,specification, and the is not The billiadillinissed, with
(CircuitCouTt, S.D. New York-'January 9,1890.)'
Letters patent No. 170,443, issued SO, 1875, to Willlainlmbauser, for . . watchman's time detector; is valid,When limited to the combination with a watch. , man's time detector containing dial, andaPPapltus for pricking ". .the same, of, for detecting and 'recording any illicit opening of the case.
A'.\'CHMAN'S TIME DETECTOB.
Said patent ls.infringed by a device whioh records the fl¥}ll of opening in the same way by the prick of a needle on the dial, and.in whicll the ,ne«lle is operated and moved in the same way as in tl1tl patented machine. . .. '
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state oHne art does not warrant any broad construction .of the eomplains-nt'spatent. It must ,be limited to the de-