CELLULOID MANUF'G CO. V. ZYLONlTE NOVELTY CO.
617
CELI,ULOID MANUF'G Co. V. ZYLONITE NOVELTY CO.
(Oircuit Oourt, 8. D. N(!/J) York.
March 24,1887.)
PATENTS FOR lNVENTIONS-NOVELTY-CET,LULOID COLLARS.
The mere turning down and cementing the edges of celluloid collars and cuffs in the form of a hem, is nQt new, and,dpes not constitute invention.
In Equity. SuitJor infringement of letters patent. Betts, Atterbury &: Betts, for complainant. E. },f. F,elt, (H. M. RuggkB,of counsel,) for defendant. W ALLAClll, J. The claim of tl1e, patent in suit is " ac<;)llar or cUffmade or other pyroxyline material, from a single thickness. of matertal, having'the edges turned over onto itself to form a hem;"aubstantiallyas specified." The specification, as illustrated by tBi:ldramngs, denotes that the collar Qr cllffis made frorn·a sheet of the material, which has been cut into a suitable blank, and' the hem is formed by the edges over on the back and cemeptingthem down. The specification contains no instructions as to the method of turning down the hem and it, .nor does it give any description of the to be used. Collars and made of celluloid, but not having theiredgestutne.d down and cemented 80 88: to form a hem, were old at the tilne themleged invention of the patent was made. It was also old to turn dOW'll the edges ofsheets ofcelluloid. There was no novelty ih cementing:imch material to itself; and cements for doing this were well 'known. It was not new to form.a hem at the edge of a sheet of cotton, lineq, leather, India rubber, paper, tin, sheet-iron, etc., by turning it over at the edge, and cementing it down, and different kinds ofcement were in use for that purpose. It was common to employ a hem in such materials to strengthen articleS at the edge, and to make a smooth turnedover edge,88 distinguished from a raw edge.88 in linen collars and' cuffs and in leather pocket-books and portfolios.· This being the· priOl! state of the art, it seems almost preposterous to claim that it was invention to fold down the edge of a celluloid collar ,or cuff, and form a hem by cementing the folded part down. Undoubtegly, a hem to collars and cuffs ofthis material was an improvement, notoIlly 88 giving the article a more attractive appearance, but also. as adding strellgth at the edge, and substituting a finished in the a cut edge. The result accomplished was similar in these respects ti) that produced by a hem upon linen collars or cuffs. But with celluloid collars and cuffs it was important to produce an article of sufficient fl lxibility to be comfortable, and yet of sufficient rigidity and strength not to break at the edges. This was effected by making the :hem.But everything done by the patentee was old, except to adopt a bern for celluloid articles, such 88 had been used upon articles made of other materiaUo produce results similar in kind,-that of imparting rigidity and smoothness of finish to the material at the edge. The adapta:bility of the hem
:618
FEDERAL REPORTER.
the use desired is so obvious that it would be suggested spontaneoUf.lly to skilled mechanic. ' The bill is dismissed.
ROTH
and; others
'11. KEEBLER. l
«(}ircuit Oourt, 's. D. Penn811l'IJania. 188'7.). PATENTS FOR IrnNTIONs-PATENTA.BILITY-()AKE-l{ACHINm.
Reissued letters patent 209,365, for improvement in cake-machines in which the cutting ,wire was supported in the center by a guard or arm slightly bent upwards at the outel'end, to keep the wire level with the -apertures through which the dough was pressed, and prevent the wire froI11 sagging or vibrato ingnear the center without cQnfining it too rigidly, held, to,be without patent, able nO,velty. '
Banni""g &: Banning, for complainants. Stewart &:, Gangevere, for respondent. '
In Equity.
Suit for infringement of letters patent.
BUTLER, J. The suitisfor infringement of clairns 3 and 4 of the reissu,e of letter,S, pat,ent for an il11'plO,V,ement in, 20,'9,365, the original bearing date 1878, an:dtbe reissue 18 months later, ,which, claims read as follows': ' , , ,"(8) Theco1Ubination ,is a dougl17cutting df the cutting wire, a, contlned 'at its ends, and an arm for supporting the same ,at the central or free part thereof, substantially as and fOt'the purpose specified. (4) The combination, in a machine for cutting dough, oUhe cutting wire, a', and the guard ,or arm,i', freely supporting the s8lid wire, and slight\y,pent upwards at its outer end" as, and for thEl, purposes ' The only difference between these claims is that the supporting arm , in the latter is "slightly bent upwards at its outer end." In view of the state of the art, we are unable to see any evidence of the patentable novelty in the plaintiff's alleged invention. Time out, of 'mind, wire of almost every description, has been used 'for cutting purposes, and particularly" for cutting dough. When applied to the latter ,use it was stretched between supporting arms. The plaintiff; desiring to use a fine wire, and make a knife long enough to embrace several aparturesorcups, (through which dough is pressed,) found that the wire would sag and vibrate, towards the center, to such extent as to work imperfectly. To avoid this, 'and thus keep the wire up to the surface of the apertures,without con"fining it too rigidly,he constructed an intermediate arm, on which it should rest, taking care that this should be so placed as to pass between the cups when the knife is in us'e. That the wire blade in a knife ofauch length would sag and vibrate, so as to render its use unprofitable, ifnot impracticable,must have been apparent to· anyone who thought of itj
lReported by 0. BerJteley Taylor, Ellq., of the Philadelphia bar.