MANUF'G CO. tl. BAILEY.
REMINGTON STANDARD TYPEWRITER MANUF'G
(CircuU Oourt, S. D. NtJW York. June 11, 181l2.)
PATEN'I'!\ FOR INVENTIONS-LIMITATION OF
In letters pateqt No. 170,239, issued November 23,1875, to Lucien S. Crandall for an improvement in typewriting machines, the specifications show a Vibrating platen to give more than one printing center, and type bars with two or more types, and having a forward or backward motion so as to use two adjoining types on each printing center. Claim 8 is for "the combination ot the vibrating platen with the swinging compound type bars, provided with types corresponding to each vibration on of the platen, substantially as specified." HeW, that the claim covers the combination of the vibrating platen and the type bars with more than one type, and the word "compound" does not confine the claim to bars having both plural types and a double motion.
In Equity. Bill by the Remington .Standard Typewriter Manufacturing Company against Frank W. Bailey for infringement of letters patent No. 170,239, issued November 23, 1875, to Lucien S. Crandall for an improvement in typewriting machines. Heard on application for a preliminary injunction. Granted as to claim 3 of the patent. . In the specifications the inventor states that"The invention consists mainly in 8 vibrating platen and paper-feed ranged in connection with a series of type bars, which are provided with more than one type, and operated by oscillating finger levers ill such a ner that, according to the backward orfol·ward motion of the same, two ad. joining types are printed on a common center. which centers may be in proportion to the type by definite vibrations of the platen produced by suitable mechanism." The claims are as follows: "t1) A typewriter constructed of a vibratingpJaten, with a series of SWinging compound type bars and oscillating finger levers, substantially in the manner and for the purpose set forth. (2) In a typewriter. a platen or printing cylinder, vibrated in a direction transverse to the lines of printing, by means of m(1Chanism substantially as described, for the purpose of creating additional printing points or centers. (3) The combination of the Vibrating platen with the swinging compound type bars, provided with types corresponding to each vibration on printing point of the platen, substantially as specified. (4) The combination of the swinging type bar with the oscillating finger leVer, and with mechanism, substantially as described, for imparting a double action to the type bar, so that the same may be thrown a fixed distance in forward or backward direction, and compel two adjoining types to strike the same printing point of the platen, substantially as described." H. D. DcmneUy, for complainant. CampbeU, Hotchkiss &; Reiley, (Maynadier &; Beach, of counsel,) for de· fendant.
LACOMBE, Circuit Judge. This is an application for preliminary injunction against infringement of patent No. 170,239, (to Lucien S. Crandall, November 23.1875,) for improvement in typewriting machines. The third claim of the patent is as follows: "(3) The combination of the vibrating platen with the sWinging compound type bars, provided with types conesponding to each vibration on printing point of tbe platen, substantially as specified."
The record shows that Crandall was the first to use type bars and dB vibrating plattln, by whose opwhic\1 the types strike might be 'Toe conibin'atioll or''tbesetwo novel features in . abd,ve quoted', ·. the use:9f..th.,e. ,'!vord "co,(Dpound» conto bars, 'which ·not, plurality of types, but .Qt,.' (elsewhere. descri bed in thus having a duplex motion. I the iwi#'4, "cQ,mpoQnd '" is use<l to indicate th&t'ne' lb&is.bear· more than . which was.charaeteristic of all type bars before l'Iillue llis·1hvention. As thus construed, .the infripgecl: .by deJ'endaJ,lt's, machine. The to ,c()yer a of finger ; oscil)a.ting. tYPEl· bars, and these notf?I1iW4 ThayahdIty of the second claIm for the vibJ;atm.g ..8..l)d ...:.meCI.l.a.,nifJ to.Vl. brate.it i,s.,.not sufficient.ly ..m.. · free from doubt to Were the ma:nO?igpt ?e.. in :view of the short tImtl h8.$ to !"llu t that prelimmary lUJunchon should be ralusell Kivingproper, E1acllfitYi but,: as defendant is only a seliing complainant'may take bisorder against infringement of the third
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