8'46
FEDERAL REPORTER,
vol. 42.
ingsuah ,a :reflector and aperture, is desoribed in a. patent granted to the defendant December 28, 1880; and in catalogues to the trade issued hy him iri':f871) there are wood-cuts Of this head-light which show the lower to extend towards 'the apex until it reaches a point lower pInt of the burner. It seems'entirely plain that thj;l alleged inMnging head-light is tlw precise structure described in the defendant's patent of 1880 and in his catalogue. If; as is now contended for the complainant, the burner hole of the defendant's head-light is the opening Ol'ltperture of the Wilhelm patent, to eSCRl?e the conclusion that the first claim of the patent is'invalid for want cif novelty. Certainly there could not be invention in 1882 in putting the burner hole of the defendant's patent of 1880 into the head-light of the Forsyth patent in 1878. When the parts of the'two old head-lights are assembled' together, they do precisely the same wbrk in their new juxtaposition which they clid previously. The burner hole emits light into the case in the same way it did in the defendant1ifh,ead-light, and the other parts'se\"erally do their work in the same' lVaythey did in tbe Forsyth head-light. It might have involved invention if such a burner hole, instead of being employed in the raflectotbf.'a locomotiVebead.light, bad been employed in something else to app'l'6priate it for illuminating the signal plates, and adapting it to the Jacwoooasionj but it is not invention merely to transfer one part of a '<iOrnposite device to another composite device of the same generill type, wben the result is merely to aggregate tbe effects of each. Unless tbe fi1'Stclaim is limited toone for a head-light in which there is an aperture'distinct from the burner hole or: chimney hole in the reflector, it cannot be upheld. Upon this construction the defendant does not infringe. Theseeond claim is destitute of novelty·. It cannot be invention to add toa bead-lightanau:idliary reflector, which, as ,the specification states,"maybeofany suitable fohl1,"to intensi(y and direct the light which escapes into the QaSEkTheutility of such a device is suggested by the main;.reflector itaeUjand tbespecification implies that ll-UY per-. souskiUe4. in the art cau,withQut instruction from the patent, select the requwte form to do tqe required work. The bill is dismissed.
SACKETT V. SMITH.
'(dcrmtft Court, B. D. New
York.
May 18, 1890;)
LPi'lli1mlwio. 11rllmTIONS-CpMBINA.TIONS-WANT OJ' NOVELTY-FOUNTAIN-PENS.
'. No. .. 18!!6.to. George B. Sackett, tor an improve.: mant tn, fountain-pens. copI!tlltll ot a reservoir, or tubular' h91der·.constructed with' longitudin8I i gl'ooves in We innerwsllsof itsll>wer end; in.combinstion witb a pen,; the itito the. groove.s. s.p'.ss to hoJ4 .. pen in place. Held,. tbat.tbe use of fot' holding the pen lIfplaoe, liaviDg been long known, was, Dot pateDtable.. :.:. · ' . '. ' : , :, . ,,
,
BACKET'I' V. SMITH;
847
9. BAlD.
Such patent, in 80 far as it consists of asUtted pen Iioflxed in the holder;thatthe slit comes in contact with the ink held inthe reservoir, so that the ink w1ll be directed by capillary attractioti down the split to tbe point of the pen, is not in. fringed by the use of a pen the slit of ,which ,is below the ink space in,the reservoir.
"
a.
'-B.um.,
patent No. 858,162; November 23, 18s6,to George H. Sackett, for' im. provement in fountain. p ,ens, 'QO!IIIl.llts of an in,t,-,reservoir C10,sed l,'ts wP, and open and internally uI;lobstructed at the bottom for the passage of air and the ink being kept in thereaerv'6ir by the air pressure, a slitted pen attachedio tbe 'bottom of the reservoil\ and a lip or tongue, the inner surface Qf which, is applieQ. parallel with the pen, to form, conjointiy with the surface and the ,slit of the 'pen, 'a 'channel for conducting the ink to the point of the pen; Beta,' that the pal;ent muBt,;he confined to the,:precise form and arrangement ofpartil idescribe!:lln the specification and to the purpose therein indicated. since tbe use of thll' partll to accomJllis,h similar results in analogous combinations was known beNrethll date of the'inveI;ltion. ',,: :, " " ,
j, ," r
ipatent, ,the; speel1ljlatlons of which can for an ink reseryoili' !'open and ; atthe ,lowere¥.d, infringed by the use ota the, bot'tom Of, the: reservoir of whllihisllcrewed a perforated nozzle, through whiOh the ink '"is to the pail, ,sLnce , suaha nozUe forma an obat.ruoUoa. ' ,: '" ,
i.:anni.
, Sllch patent. where it call8for a tongue or located Witll'lIi the reser, voir, with its upper end Ell&!tended to elr near the closed upper end of the reservoir1 is not infriI;lged by the ulI4 qt.lIi pen with a reeding stem which Only extends part.,oI the way up the reserv'otr. ' ' , " ,,
""
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,:
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, ,"
,: James :J.. Wdltet . -,,":
Ih Equit' · Y
' . :' 'I'. ",-.,
JJ1hiJlrMY, for c'omplainant.
Logan, for defentlllnt·
, ''db:xt;J.
'ebt
fOr"infringement of two letters pat. for an' in: fountain-pens. 'first'ofthese'patentsi' No. 347,961;: is dated Augnst 24, 1886; the November 23, 1886. The applications sMonu, :No: In both r patents the improvements relate tb were filed April 23, in which ,the, ,is sustained in. the reservoir by atlnoSpheriC pressure, and, is 'supplied' to' the pen by capillary attraction ail distinguished from the 'attraction of gravitation. No. 347,961, in so' far 'as 'it has reference to thepreserit issue, relates to anarrarigement by which the pen is held 'in place at the lower end of the reservoir or holder. The interibr surface of the reservoir is provided with grooves, into whien the edges of the pen fit; The' pen is thus held in position with upper portion extending into tne iril:: space of the reservoir, so that the ink ,maypasa qirectly into tpe inner portion of the slit of the pen,a.ncl t'bus ?e to its . The only claim of the patelli alleged to p,«:, :lnfnpged 18 the second" It IS as follows:
to
This
"(2) A rellervoir or tubuiarholder constructed withlo;ngitudinal:grqovesin the iliner walls of its lower end, in combination with a pen the, lateral edgell of which ,tit 'into said groo'Yes, thereby insuring the retention of the ,peb'in 'place, substantially as and for' the purpose herein Bet
, In N().,3p3,162 the invention comprises certain noVel meansofihS,tir. flow fif within the reservoir f,requent regular Jt:ansmisE!ion of ink tp point, of pep. The ink reservoir or tubular holder is closedt at its upper and',opflD;;aHtIl !end.: The pen is fixed attne lowe'rend SCI that its slit ,is in' cl()8b
848
FEDERAL REPORTER, Y01.
42.
proximity to the ink at the mouth of the reservoir. A lip or tongue, to the upper or, if preferred, to the under flexible if side of the pen, in such a maDner as to provide It thin space between the pen and lip transverse to and in communication with the slit. The channel thus formed for ponducting the ink to the point of the pen is Tshl1ped in its cross-section. By "the attraction of adhesion" the opposof the channel insure the flow of the ink to the point of the used in writing. Tbis lip or tongue may be formed in any ap'pjnpriate maDllel'.. It may consist of a slip of gold, rubber or other suitinserted in the same manner as the pen and parallel thereit may Qe inserted in a socketforr,nedexternally in the bolder, it may be a prolongation of the holder itself, or. it may be formed upon or att/j,cq.ed to the lower end of the feeliing-l?te%. "The feeding-stem isa ,devicedesigiled to insure the regular descent of the ink within the reservoi'rwhenthe latter isnf such dia.meter that under ordinary conditions the ink would be maintained in the upper part of said reservoir by at:J>ressu.. .below, and.,. interfere t.be opera. oft_aipen by faIlmg to regularly supply the same 'WIth 10k, the saId stem being so constructed in itself or so arranged in relation to the walls of the reservoir as to provide what may be termed an 'internal capillary channel,' through which a small curr\3nt of ink may flow downward, leaving the air in the surrounding space free to move' upward, thereby insuring, more especially when the holder is of very small diameter, tlIe downward feeding of the ink to t4e portion of the peri, by means hereinbefore. explaineli, it is transferred. to the The said. stem may therefore consist of a single flat strip other suitable mate:rialplaced close to butnot in actual contact ,,!ith one of the sides, of the' interior. of the reservoir, or of a single strip grooved or V-shaped in its cross-sectlon, or its equivalent may be prqy:iqe<I by longitudinally grooving the internal surface of the reservoir, the:Wlllls or surfaces of the said grooves serving the saIne purpose, beca\lse of their adhesive attraction, in substantially the same way as does stem- itself when applied as hereinb!'lforeexplained. It should be that the fe.e<,ling-stem facilitates the operation of filling the as well as the feeding of the ink to th(l pen." of the claims are involved. They areas follows: "(l)Ina thecombination of the followingelements,to-wft: au ink reservoir closed air-tight at its top and open and internally unobstructed.at the bottom for the passage of air lind ink, a slitted pen attached to the pe;rmanentlyopen bottom of the reservoir, and a lip or tongue the inner surtaee of' which is applied"parallel with-the pen to form, conjointly with the surfaceaild the slit of tha'pen, a channel for<conducting the ink directly from the open lower end of the reservoir to the point of the pen; all substantially as and f91 the purpose herein set forth. the combination of the following elements, to-wit: close(t air.tight at its top and open aM internally unobstructEjd an flOttOm .for the passage of air. and ink, a sHtted pen attached to the open 110ttom of the reservoir, and a lip or tongue the inner fac8of'wbich 1I.applied.parallel with tbe paD to form,conjointly with the
