(Circuit CourtrN. D. IUinols.
Aprll 30, 1894.)
" " the case of a toYi'1)lIliikhavifita discharging aperture secured by latch, which iSQPpned fl10m within by the of accumu· by merely the spring : sQ'thatwhen the some additional pressure thereoL Is to open the bank. ' ' , '( ,,' , 2. SAME. patent. No. 373.223., for an improvement in toy banks, held ' , .' '
ThisWRsa suit in equifjrbyEdward'J. Colby ligainst George C. Carll f?fi:q.fr;ngement of a,patent for toy ,banks. ' :Ql'0wn, for <;o:rnplainant. ,,(,: ' Henry ,:Al. an4Cyrus J. W OQd, for defendant ,The complainant claims under let· ters ,pateHP:N;l?r ,373,223; November 15, ;l,.887,to Edward J. Colby" foIt .j:l.:p iIAprovement in toy banksr " The first and plallp.; of the patent is ,as follows: , '"
, A toy
of ah!>Jh>w toy provided with a c91n-receivlng and ,aperture, a, ro.,9rable Cover for .the aperture, and a sprlng-, Til.tch to secure, tlle 'sattle Nom within;'. sllltl spdng latch being normaliycloSM,but constrUCted to be opehed by the WeIght of the coin within.; i i "
plaintiff's patent l.sthecombination t a,cojil receiving latc!iwhlch the openmg from Wlthm 1f;coin operating the latch. la' tube, with like 'opening and dis· and ,l;t' !spring 'With reference 'the last of a given number of to tht! capaCIty Qfthe comsia tl;lrongh the',open aperture, and thulil' communicates the :t,o,:the c,auses it to, opeh. The ,#P9J:l latch"lJ.h the case of the cotij1plainant's deVlc,e, and to, OverC9lne, the resista,nce of the spring, is the weigbt The pressure in the defendant's device is the weight of I coin, with auch added force as is communicated to. the columIl Of the coinby the forced introduction of the last piece. " force is weight, pure and simple; in the other,', tbeoperating f9rce is weight added to 'by the pressure through a solid column. The which principal que'Sfion, these areniechanical' equivalents. In sure, added I to 'tIJt!. of,the ,c0t,n, IS. needed toovercome Its resistancerTl;lis,' advancement upon or differen· tiatioti rromtb;ecompla.j,riaJit'sidea. , , ,', ' not,' inmy (jpillion,anticlpated either by Gabbey It, is 'not
irhe' with ,a of a until the
CAMPBELL V. BAYLEY.
claimed that -i.he first is an anticipation of the complainant's particular combination.' In regard to the Gabbey patent, it seems to me that while the weight of the contained grain causes the opening and shutting of the valves, and thereby the registration of the amounts, somewhat analogous to the CO'lby invention, yet the machines, as machines, are different. With the patent before the inventor, he would have to exercise almost as much invention to adapt it to the peculiar requirements of a money bank as would an inventor in producing it without the presence of the Gabbey patent. For the foregoing reasons the findings will be for the complainant, against the defendant, George C. Card, and an injunction will issue accordingly.
CAMPBELL et aI. v. BAYLEY et aI. (CircuIt Court of Appeals, Seventh Circuit. January 20, 1894.) No. 14.
A devIce, in order to be patentable, must be novel, whether It be deemed to be a manufacture or a machine (Rob. Pat. §§ 182, 185, note), within the meaning of the patent law, and the test of novelty would seem to be essentially the same in the one Instance as in the other. The first claim of letters patent No. 204,882, Issued June 18, 1878, to George G. Campbell, for a catch-basin cover constructed with a slanting front, grate bars, and raised partition, is void for want of Invention.
PATENTS FOR INVENTIONS-'-CATCH-BASIN COVERS.
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. Suit by Gardiner Campbell and George G. Campbell against James E. Bayley, Arthur J. Bayley, and Harry F. Bayley for injunction and accounting. Defendants obtained a decree. 45 Fed. 564. Complainants appeal.
Suit by the appellants against the appellees for an accounting, and to enjoin infringement of the first claim of letters patent No. 204,882, issued June 18, 1878, to George G. Campbell. one of the appellants, for certain improvements in catch-basin covers. The specification and claims of the pat· are of the following tenor: "My invention has for its object the providing of a catch-basin for the c()rner of streets, which the following description will more fully show: Fig. 1 is a perspectIve view of my invention, and FIg. 2 a sectional view of the same, In the drawings, A Is the body of the catch-basin cover; B, the base of the same; C, C, fianges secured to the base and body for the purpose of holding the stone or other material back to the sIdewalk which may be used In setting the cover; D, strips of metal standing obliquely over the opening, to keep rubbish out of the basin as the water fiows into the same; E, a raised stop or partition in front of the strips, 11, for the pavement to face up against; F, a flange projecting below on the under side of the cover to keep the water from wearing away the mortar between the bricks or stones whIch the basin may be made of; G, an opening, with cover to the same, for access to the basin. This devIce Is calculated to stand' at the <lorner of a street and jut back into the sidewalk, and the front stands slantIng, the bottom part of it projecting to the bottom of the gutter, so that a team in passing, if it hugs too close to the sidewalk, the wheels will strike on the strips of metal, D, and slide down 'off the same, and the base, B, will be under the sIdewalk and pavIng, so that the basin cover will be held firmly