M'NAB
'V.
NATHAN MANUF'G co.
155
ever, which it seems to me the defendant has no right to do. The evidence is that some bottles used by the defendant have the complainants' name blOwn into them. 'I am aware that the name is on the bottom of the bottle, and that it is not very prominent; but while ,the defendant may buy in the market these bottles, and sell them again filled with anything1mt lime juice, I do not think he should be permitted to put his own lime juice into a bottle stamped with the complainants' name, andsell it. This may be said to be calculated to lead the public to Heve they are bu;ying the complainants' lime juice, when, in point of fact, they are buying some other person's. Rose v. Lojt'U8, 38 L _ T. R. (N. Richardsv. Williamson, 30 L. T. R. (N. S.) 746. To this extent I think the complainants are entitled to a decree; and it is so ordered. Decree for complainants.
McNAB and another
fl.
NATHAN MANUF'G Co. August 15, 1887.)
(Oircuit OQurt, S. D. NClD York.
PATENTS FOR INVENTIONS-NoVELTy-SELF·FEEJ:>ING LUBRIOATORS.
The claim of letters patent No. 106.150, graJ1ted August 9, 1870, for an im· provement in self·feeding lubricators. is wanting in patentable novelty by reason of prior inventions of substantially the same form and character.
Arthur fl. Brie8en and Antonio Knauth, for plaintiff. Ed'f/1,und Wetmore, for defendant. SHIPMAN, J. This is a bill in equity to restrain the defendant from the alleged infringement of letters patent No. 106,150, granted August 9, 1870 to William Gee, as inventor, for an improved self-feeding lubricator. The patentee's description, in his specification, of the nature and character of the invention, is as follows: "The want ·of some means of obser:ving the operation of self-feeding lubricatorshas long been recognized. With a view to provide for this want, and the proper adjustment of the feed-regulating device, the reserto voirs havebeen made of glass, or with glass sides, through which the quantity of oil contained therein mIght be seen; but the facility thus afforded for whether the lubricator was feeding properly was very imperfect, as .tbe action could only be determined by watching the gradual diminution of the level of the oil in t}:J.e reservoir, which was necessarily tedious. The object of this invention is to provide for the better obServation of the operation; and, to this end, it, consists in the provision below the reservoir and the feed-regulating device, and the contracted orifice through which the oil escapes from the reservoir, of a chamber of such capacity that the oil or other lubricating material drips tbrough the said .hamber, instead of trickling dowJ1. over the surface of the· passage leading from the reservoir and feedregulating device to the bearing or other device to be lubricated; such chamber having openings in its sides, or being partly constructed of glass, and thereby enabling the dripping of the oil within or through it to be distinctly
156
FEDERAL REPORTER.
seen. In order to insure the dripping instead of the trickling of the oU or lubricating material from the reservoir through the said chamber, one feature of this invention consists in providing a teat around the orifice, through which the oil or lubricating material passes into the said chamber. Figure 1 in the drawing is a central vertical section of a lubricator with my improvement... Figure 2 is an elevation of the drip-chamber, detached from the reservoir and feed.regulating device. Similar letters of reference indicate corresponding parts in both figures. A is the reservoir; B the feed-tube; and C, the adjl1stingyalve or plug for regulating the feed. These are represented of a wEjll.known .construction, serving as well as any other to lllustrate thR application of my invention; but the reservoir and feed-regulating device may be. of any otber known or suitable construction, whereby a contrltCted oi'ifice is provided at the bottom of the reservoir for the eScaptf.ofthe oil or other lubricating material. F. H, I, is the drlp-ehamber, arranged below the reservoir and feed-regulating device, and between the lIaid device and the hollow stem, G, which is inserted into the support for the
hlbricator. This chamber is formed, in part, of a hollow cylindrical shell of metal, F, which is made in the same piece with or attached to the bottom of the feed-tube, B, and in part by a socket; I, provided on the stem, G, the shell, F, screwing into this socket. To renderthe interior of the said chamber visible, holes, E, E, of SUitable size, are provided in the sides of the cylindrical shell, Fj and to prevent the entrance of dust, while still permitting the interior to be seen, the said shell is lined with a glass tube, H,or small plates of glass may be fitted to the holes, E, E, for the same purpose. At the top of the said chamber, surrounding the lower orifice of the feed-tube, is the teat, a, on which the oil or material collects to form the drip. The operation is as follows: 'fhe oil or other lubricating material, passing the feed-regulating valve or plug;C; collects in the lower part of the feedregulating tube,until there is a sufficient accumulation at the lower orifice of the said tube to form a drip, which drips through the chamber, F, H, I, to the bottom thereof, whence it passes through the hollow stem, G, to the place to be lubricated. The dripping, taking place frequently, can be observed through the openings, E, E, of the chamber, and the quantity supplied can
M'NAB V. NATHAN MANUF'G 00.
157
be so easily determined as to enable the feed-regulating device to be properly adjusted. The delivery of the oil in drips is better insured by the teat, a, formed around the lower orifice of the feed-tube, or, by what would be equivalent, by the making of the interior of the upper part of the chamber of convex form. This invention differs from all other lubricators, not in allowing the oil to be seen, but in fe¢ing with a visible drip, the frequency or cessation of which can be at once ascertained." The claims are as follows: "(1) The open Qr transparent drip-chamber, arranged below the reservoir and feed-regulating device, and in combination with the contracted opening through which the oil or lubricating material escapes from the reservoir, ,substantiallyas heJ;ein described, to provide for the dripping of the said material, and the. viewQf ,the drip. (2) In combination withthe drip-chamber and reservoir, the teat, a, substantially as and for the purpose specified." I ... ,
From the patent it appears that the consisted of an open or transparent standard or phamber, below the oil reservoir and the contracted lower orifice of the feed-regulating device, of such capacity that the oil visibly drops through, and does not trickle down the sides of the chamber. The reservoir aQ-d feed-tube are old, unless the teat, a, surrounds the lower orifice of the feed-tube. The standard is an open or transparent stem in these lubricators which have stems by which they are attached to, the bearings. The question at the foundation of the case is whether, in view of the state of the art at the date of the invention, the improvement was patentable. :n is clearly proved that in 1863, upon the steamer Merrimac, a vessel in the service of the United States government, and in 1867 upon the United States steamer Ontario, drip feed lubricators, made by Richard Lavery, were used, which,operated solely by gravity, were regulated by an ordinary spindle, an,a were elevated above the bearing which received the dripping oil so that the drip and the frequency of the drip were visible,but without any chamber surrounding the feed. In like manner; in 1850, William Burnett, formerly supervising inspector gell'eral of steam-vessels, used oil-cups which were raised or elevated above the shaft-bearings of stea,ID-engines, and from which the oil dropped in drops upon the bearing, so that the number .of drops could be ascertained by the eye, 'and the quantity could be regulated by the cock which controlled the discharge of the oil from the cup. These cups had no chamber below the. bottom of the cup. In the provisional English specification of William Brookes, dated May 22, 1867, his lubricator is described as follows: "The object of this invention is to obtain a more certain and continuous supply of lubricating matter to those parts of machinery which are subject to friction. To attain tilis object the reservoir containing the oil or lubricating matter is formed of glass or other transparent material, and at the base thereof it is attached to glass (or other transparent) pipe, in which is placed a supply cock for the purpose of regulating the supply, and haVing a nut at one extremity for the purpose of permanently adjusting it when properly fixed. Below this regulating supply cock is placed another similar cock for tl1e purp08e of cutting off the supply when needed, and thus dispensing with the necessity of closing and readjusting the first-mentioned cock. The second
be dispensed with ifrequired. By making tpe i ;reservoir of gbtss ,or.oJiber4J'llnaparentmaterial"the workman can atall tilllEl$see .quires replenishing, and the, (or otber transpareilt.) permits alsl> ,of hisobservi,ngany interruption in tlw: oontinuollsnessof the supply to the. ma,chinery.'!: . This'description does not' that the lubricant dripped from the reservoir through the transparent'pipe; it might have trickled down the sides of the pipe. I shall therefore assume thaUhere 'was no drip-pipe .which.deliveredthe oil jn sepa1Jate (lrops into the transparent stem or chamber. 1 intentionally omit a ·disCUB.<;ion· of the question whether John Absterdam used the patented invention, atNo. 5 HaverhiUstreet, and at the factory of J. J'.Walworth & Co., in Boston, in and' 1854, beC{tuse upon thisques'tion there is the conflict of testimony which frequently arises in regard to the use of an ''inconspicuous object iII a factory' 20 or 30 years. before· the testimony wRsgiven,and I think that the case does not require a decision in regard to the correctness of Absterdam's recollection. , There were, then, prior to the date of Gee's invention, gravity lubricators which were elevated above the bearings to be oiled, and from which the oil dripped in separate drops upon the bearings, sothnt the quantity and frequency of the drip could be: ascertained by inspection, but which had no chamber into or through which the oil dripped. The Brookes specification described a gravit1lhbricator which had a reservoir, and at its base a transparent chamber inwhidh was a supply cock for the purpose ofregulating the supply. The oil flowed irito the transparent pipe, and was 'delivered to the journal or bearing to be lubric3tedj the chamber being for the purpose of enabling the engineer to observe and watch the flow of the oil. In my opinion, there was no invention in making the Brookes supply cock discharl5e the oil throtigh anotifice which should deliver a drip, and in thus producing the Gee lubricator. Neither would it require much if any more illventivegenius to prevent the entrance of dirt into or the effect of wind upon the Lavery and Burnett lubricators by attaching to the bottom of each cup a transparent standard. After Lavery and Burnett had in a rough way shown the principle of a sight-feed oiler, it would not seem that invention was required to embody the principle in the neater form in which Gee presented it..' I place the decision especially upon the Brookes specification, and hold that, if it did not anticipate the Gee patent, it :was so nearly like it that no invention was needed to make the simple alteration or addition which is said to distinguish the Gee device. The bill is dismissed.
,
.
BARNES V. 'R'Ul'HENBURG.
BARNES "'. RUTHENBURdo.
(mreu' Court, 8. D., Ohio. June 4, 1887.', t I, PATENTS FOB Il.'VEN'l'IONS-....PA'l'ENTABILITY-N"EW COMBINATION OF OLD DE,APPARATUS.
, Letters patent No. 216,821were granted June 24,1879, to Charles Barnes for an apparatus for extingnlshingtlres, and letters patent No. 233,393 were also grantee'!, to him October 19, 1880" for an "automatic fire extinguisher." The patf;lntsdesqribe a systep. of distributing pipes passing through the various rooms of a building at tlieir ceilings, and fitted with a number of downward projeeting'sprinklingn,ozzles; A reservoir Is placed in the lower story,above the.supplypiM, !eadio,g to the street, filled with a, fire-extinguishing liquid. which Will be discharged upon. the fire by force. of water from the street main. A sUpply-valve has an actuating lever which is held up to keep tlle valve closed by a wire passipg up to and united in each room by a fusible jojnt, The sprinkler consists of, a perforated rOlle-head, with s. cap ,soldered upon Ita neck with fusible metal, and, certain other attachments. In case of :lire the llaid fusible joints and caps. are melted, the 'Water rushes through the and following the fire-extinguishing liquid. Until the occaSion of fire, the pipes a.re kept free from fiuid. The details of combination!n patents differ In some respects. The proof showed that the "constituentparls were old, but that the combinations were new. Held, that th;e devices were patentable inventions. , 'J;he defendallt manufa.ctured and sold a device for extinguishing :lires Iii!" del' letterspll.tent No. 818,508, dated May 26, 1885. A reservoir was used in it. charged with a fire· extinguishing liquid, which generates ;agas, thus produc.itlg,p,ressure. and the distributing, pipes being tl,1us at all times :lilled with liquid. 'A pipe connected' the reservoir with the street main, cut off by a check-valve kept closed by the pressure from the reservoir. In case of fire, the pressure was relieved by the tlowthrough the distributing the valve opene,d,letting in the water. Held, that this device was not sumcient!y siIhilar to those above mentioned to constitute an infringement.
8.SAMJt:....DodTBmE OF EQUIVALENTS.
'!'he, or distributer, manufactured by said defendant under sai(,\ patent NO 818,508, is, b. y t,he doctrine of equivalllDts, an infringement upon. .· . the fourth, fifth, and six;th claims of the above-mentioned patent No. 283,393, btit does notinfrlnge the first claim of said patent No. 216,821. "
, FoUett, Hyman & Kelley and George F. Mm"fay, ,for Jarn:es Moore, for respondent. ;,1 .,'; . " t ' ",';
J., The complainants sue for infringement of letters patent No. 2l6,821, granted June 1879, to Charles Barnes, for apparatus f01'6x#p.guishing fires, and letters patent No. ber ,19,1880, for automll,ticf\re. extinguisher, alleging infringement. of the two claims of No. 216,821 and of the third; fourth, fifth, and sixth claims of No. 233,393. The drawings in No. 216,821 show a system oid.istrib)1ting pipes passing through the various rooms of a bUilding at their ceilings, and fitted with a: number of downward projecting ling nozzles. , 11;1 the lower story, and just above the supply-valve pipe leading from the street main up to and connecting with the distributing: pipes, is a reservoir to be' filled with some non-freezing and fireextingUishing liquid, which will be discharged upon the fire by the, force