MJd ,ulij(u!r nesult; as :the product of the combination,; and this T.bJe 'oomplainantisentitledto a decree in the usMit f9mIl,;whieb.,may'be prepared and submitted.
;,1 .· ,1 ;
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(Circuit Court, D, Massachusetts.
Se'Ptember 15, 1892.)
PATEN.foS,.Pq.ll' INVENTIONS-INVENTION-MEOB;ANIoAt' SXILL-PRIVY
patent No. 264,568, issued September 19, 1882, to William 8. ,Ross, fora furnace for privies, conSisting of a metallic vault having a dre chamber at one e:qda,llqa fiue at the other, with a perforated platform tor , .sepllratlng,the sOlid from the fiuid matter, are void, as the alleged invention is resUlt of mere 'mechanical skUl.
'. . ,
In· Equity. Suit by the Fuller & Warren Company against the town of Arlington far' infringement of letters patent No. 264,568, issued," September 19,1' 1882, to William S. Ross, for furnaces for privies. i' iBill The first claim of the patent rea.dS as follows:
(1) Mllnattachmmt fOl' a privy, n horizontal, metalUc casing, constituting the depository for the fecal matter, and provided with the hinged lids and fire ilubstantlally as set
Esek, Cowen, forcorhplainant. Willi8.In:'H. H. Tuttle, John W. Munday, and Lysander Hill, for
PUTNAM; OircuitJndge. The contest in this case is nan'owed d6wnto'the fuet claim in the patent. The court calls special attention to'the fact that this claim relates strictly tQ a combination, and in nomahner tou'ches a/method or process. '.rhe pith of the complaimtJit'e alleged is stated by its expert. It is also stated in the COmplainant's brief in substantillJ.ly the same terms used by the expert, as follows:
"The precise improvement made by Ross was as tollows: The ordinary country privy has for a receptacle simply a pit dug in the ground, which rematter, ,while the liquid soaks away through the soil. For this pit,RW\lsubstituted ",llat he calls a 'metallic casing,'-that is, an incombustiblll.(for,tqat is the only object of making it metallic) vault, tube, or duct, for the reception of the fecal matter, over which the privy soots are placed, and which Is open at both ends. At one end is placed an air shaft or fiue, which takes the all';!rom the interior of the vault or casing into the atmosphere above the building. At the opposite end of the vault is a fire chamber, conta1nlng a grate, for the purpose of highly heating air that enters the vault, which hooted airls drawn through the vault by the flue or shaft. The fecal matter, as it flills from the seats above, is, received 'upon a perforated platform which separates the solid portion from the liquid.' There is, therefore, a pile of solid mateaCh seat. When the grate is not in usej the doors at the end of the vault QPposite the, fille admit enough air to carry away the odors. Page 169, Une50. When the .cloeet is SQ full ,that it is desirable to remove its contents, a fire is built in the grate. 'thehE,iated air, mlngllng with the products of combustion, is drawn over and around the piles of matter resting on the platform. They are rapidly dried, and,when thoroughly dried, are usually mixed with some combustible matter and
GEO. A. MACBETH 00.:'0. LlPPENCOTT GLASS CO.
BtrlIdng out the super1luous words, this reads aI follow.:"
"For this pit, Ross S\lbstituted a metRrnc vaUlt, oPen at both ends: at one end, a fiue; at the opposite end, a fire chamber.. The fecal matter 'falls from the seats upon a perforated platform, which the solid ,portion. When desirable to remove the contents, a fire is built. The, piles ot matter are l'flpidly dried, mixed with some combustible matter, and burned"
The specitlcations and claim fail to point out the advantages of the perforated platform, and it may be that all relating to it could be omitted without changing the essence of the c()mplainant's description 01 the pith of its own, invention; bUt, of this, when the case comes down to the concise form above given, it seems to suggest at once to any intelligent miIid the common process of heating, drying, baking, or burning, with .such common changes of details as the daily occurrences of life constantly require, and' nothing more. The court need not repeat the brief and ordinary terms in which all this could easily be pllt, as they are apparent to everyone on slight consideration. If the, complainant had any claim to any part of the suggestion or idea of·:first drying, and then consuming, fecal matter, as a sanitary measure, this might show an inventive mind, within the meaning of the law. But its mecess in marketing a fireproof vault, with a grate and fiue attached, for drying and consuming fecal matter,even thOUgh the vault is traversed by a perforated platform in order to make two (',urrenUl of heated air, or to separate the solid portions from the liquid, is not the result of inventive genius, but of the mechanical sld'U of complainant in meeting the ordinary emergencies of. heating, drying, baking, or consuming by fire, for either domestic or public uses. Bill dismissed, with· costs.
GEO. A. MACBETH CO. v. LIPPENCOTT GLASS CO.
(Clreult COurt, S. D. Ohio, W. D. January 25, 1893.)
1. PATENTS FOR INVBNTIONS -MOTION FOB PRELmnlfABT INJUNCTION-EFlI'EC'I
Letters patent No. 14,373, Issued October 30, 1883, to George A. Macbeth, as assignee of Henry Dietrich, for a design for lamp chimneys, having been sustained on final hearing In two suits, and preliminary InjunctiOIlE\ having been granted In two other suits, In another circuit court, Its validity must be taken as established for the purposes of a motion for prelIminary Injunction, although defendant files a:tIidavits alleged to contain new evidence of oertBin prior uses.
OF PRIOR DECISIONS.
On a motion for preliminary Injunction against the infrIngement of a patent, the court will not go.lnto the questions of infrlngement and validity as on final hearing, although numerous afIldavits are 1I.1ed by both partlea, coverIng about all grounq of a record onflnal hearing, but, appearing that defendant is upOn debam.ble ground, wU1 refuse an ,Injunction, and require him to give a bond coverIng ptobable profits and damages, and to keep an account of his manufactures and sales, to be produced when called for by the court.