:900
I'EDERAL REPORTER,
vol. 42.
aEJ,J.ULOID'MANUF'G Co. tI. CEJ,LONITE MANUF'G (Circuit Court, S. D. New York. June 26, 1890.) PATENTS' FOB INVENTIONS-ExTENT OF CLAm.
Co.
Letters patent No. 156,852, issued Octo!)er27, 1874, to John W. and Smith Hyatt for an improvement in manufacturing solidified collodion "by mixing Plroxyline with' a 'latebt liquid solvent, which becomes active only upon the applICation of heat, " do not cover liquid solvents which are active as ,respects the pyroxylinewith whicp. intp actual cont;act, but are used with such a relatively large mass of pyroxyline that the mass will not be converted into solidifled collodion at Ordil1ary temperatures.
InljJquity. J. 'Hindon Hyde" for com plainant. John R. Bennett, for defendant.
,1£;
LACOMBE, J.This is a suit for infringement of the flrilt claim of letters patent No·.156,352, dated October 27, 1874, and issued to Smith Hyatt and JohnW. Hyatt for an "improvement in manufacturing solidified collodion." The claim referred to is as follows: "(1) The process herein de\,!cribed of manufllcturing solidified collodion by mixing pyrexyline with a latent liquid solvent, which becomes active only upon the application of heat, for the purposes set forth." Upon the construction of this claim' rests the det,ermination of the case. The complai11al).t'insists that it covers liquid solvents which are active as respects the pyroxyline with which they are brought into actual contact, but are used with such a relatively large mass of pyroxyline that the mass will notge converted into solidified collodion at ordinary temperatures. The defendantS'contend that tQ ;claim must be restricted to such liquid solvents-only,as possess no solvent powers at ordinlLry temperatures, and whicb,',when brought in.:contact with pyroxyline, remain perfectly inthe application, of heat; heat ,alone being necessary to bring into activity their latentsolvent powers,. ,TIle firllt question, tJep., t<;> be decided is whether, under this patent, the activity or latency of a solvent is to be determined with reference solely to the power of the solvent iti;lelf, or with reference to the quantity ofpyroxylineto w,hich it is applie<i. Another patent for an improvement in the manufactu,re of celluloid (No. 156,.853) was taken out by on the same day as the Qne in suit. That patent was be}qqge SHII'MAN,,inOelluloid Man.1tj'g Co. v. Zylonite Co., 26 Fed. Rep. 692. In his decision will be found a very full description of the state of the art prior to October 27, 1874, and to restate it here would be mere useless repetition. The following brief narrative of events, however, bears more particularly upon the point raised in this suit: In June, 1869, (No. 91,341,) the Hyatts patented an "improved method of making solid collodion," the distinguishing feature of which was the use of great pressure applied to a mixture of pyroxyline and solvent, llnd applied so quickly that the solvent was forced into contact with every particle of the pyroxyline before the dissolving process had time
CELLULOID :M:ANUF'G 00. ft. CELLONITE MANUE'a CO.
901
to commence. By that method a relatively small quantity of the solvent was required, the proportions of solvent to pyroxyline being given as 5 to 10, 7 to 10, or equal parts by weight. Theretofore the solvent was used in. proportions greatly exceeding the pyroxyline, and the Hyatts correctly describe the process of this patent of June, 1869, as one which consists in "using the smallest practicable proportion of a liquid solvent." The only solvents contemplated in that patent were manifestly active ones, which, even in the proportions stated, dissolved those parts of the pyroxyline with which they came in contact, but were inoperative to transform the mass, unless a prompt dispersion of their activity by means of the plunger secured uniformity of action. Presumably the action of the plunger generated heat, but as to that the patent (91,341) is silent. Shortly afterwards, having ascertained the new and important fact that camphor gum, which is not a solvent of pyroxyline when cold, becoines such when heated. the Hyatts took out patent No. 105,338, July 12,1870. In that document they described their invention to be the mixing with pyroxyline, prepared with powdered pigments, "any substance in a powdered state which may be vaporized or liquified and converted into a solvent of pyroxyline by the application . of heat, and subjecting the compound so made to heavy pressure while heated, so that the least practicable proportion of solvent may be used in the production of solid collodion and its compoundS." The process described is as follows: Pyroxyline is reduced to a pulp, and any desired pigments added. While the ground pulp is still wet, there is mixed therewith finely pulverized gum-camphor, in about the proportions of one part, by weight, of the camphor to two parts of the pyroxyline wheli in a dry state. These proportions may be somewhat varied with good results. After a thorough mixing, the water is expelled as far as ble by straining the mixture, and subjecting it to irnmense pressure in a perforated vessel. The mixture is then subjected to heavy in a 1110uld,and heated from 150 deg. to 300 deg. F.,to suit the proportion of camphor and the size of the mass. The heat, according to the degree fiscd,.vaporizes or liquifiesthe camphor, and thus converts it into a solvent of the pyroxyline. By introducing the solvent in the described, and using heat to make the solvent active, and pressure to force it into .intimate contact with every particle of the pyroxyline, there may be used a less proportion of this, or any solvent which depends upon heat for its activity, than had· ever been known before. This patent of July, 1870, contained the following disclaimer: "We are aware that camphor made into a solution with alcohol or other solvents has been used in a liquid state as a solvent of xyloidille, [pyroxyline.] Such use ofcamphor as a solvent of pyroxyline we disclaim." Under this ent they claimed the grinding of pyroxyline into a pulp, the use 0' )wess.: ure, as described, and "(2) the use of finely comminuted mixed with pyroxyline pulp, and rendered a solvent by the application: of heat, substantiallyasdescribed." In June, 1874, the Hyatts secured a reissue of their 1870 patent, known as "Reissue No.5, 928." Amore speciticaccouDt of their discovery 9S to the action of dry
902
FEDBRA,L,J;mPORTER,
therein., Qur invention," says the specitication, "is based discovery of the fll,ct that gum-camphQr in, a, powdered or finely '-comtnio\lted state remainsj ordinary temperatures, inert when mixed with pyrox;yline,.ofwhich, in solution or in a liquid it is, under ordinary temperatures, an active solvent; and of ,the ,{urther fact that, when 81)ch a mixture is sUbjected to heat above the ,-;>rdinary temperatures; the camphor becomes an active converting ageptlal).d transforms the pyroxyline into collodion as effectively as had been done with solutions. And these discoveries enable us to substitute a mecpanical mixtut:e for the SQlutions heretofore ;employed to keep the cop'lerting power. latent, or hold it in abeyance until its action can be . developed, under the best conditions and with the best efiect, instead of having .to contend with the dimculties incident to the premature and partial/lction of solutions, immeQiately upon coming in contact with the pyro;yline, and, while ultimately-utilizing aU the con'Verting power of the to avoid the expense and loss of solvents, such liS ether and al(,lohol, which were driven off or volatilized in the process of transformatiol1" Other latent converting agents may be used in a similar way to effect a similar result." The invention, they add, consists in the mechanical mixture of pyroxyline .and "a latent convertil).g: agent, * * * which remains inert until the compound is subjected"tp a treatment which develops its converting power, * * * theJ;eby transforming the pyroxyline into solidified collodion without the intervention of solutions or volatile solvents." . Ip #lis reissue they omitted the words" in a powdered state," struck their'disclaimer ofcamphor:made into a solution with alcohol, and added a new claim, viz. : "(3) 1.'h!1method, supstantiallyas herein described, of making solid colla-dion bysubject,ing a mixture of pyroxyline and a latent solvent to heat and pressure." They also, amended the claim to the use of gum-camphor as follows' "(I) The combination of pyroxylfne with camphor-gum, or any eqUivalent converting agent. in such manner that the transforming action of the converting agl/nt is. kept latent, suustantiaUy as and for the purposes- set forth. (2) Themethod,substantially as herein described. of developing the latent power of the converting agent 1>Y the application of heat to a mixture of pyroxyline and gum-camphor. or its equivalent, for the purposes set forth." In this reissue the word "latent" is for the first time introduced into the art, a action of the solvent was quite clearly indias originally issued. cated in the patent of Among the numerous exhibits which have been presented, covering so many different varieties ofcompound, there is none showing the mixture of this reiSsue, viz., one part by weight of powdered camphor, and two parts Qy,.weight ofpYl'ox-yline. No doubt, in viewoftheevidenee, such ll.nexhiqitwas deemed, unnecessary. The powdered camphor in that truly and strictly a latent solvent. One of the complainant's experts (Prof. Chandler) suggested that delicate experiments might show that was some occult action between the components; but he ad-
CELLULOID MANUF'G CO· .,. CELLONITE MANUF'G CO.
903
mits that practically and apparently the camphor is entirely without action upon the pyroxyline until the temperature is raised in some or some third subst::mce is introduced. Until that time it remains per-, fectly inactive and inert. It does not even commence the transformation of pyroxyline by exerting its inherent activity over those portions with which it is brought into immediate contact. Thorough mixture no doubt spoils the pyroxylinepulp commercially as pyroxyline, and spoils the camphor commercially as camphor. Th\lreafter it may be impossible to separate the components; but apparently and substantially the solvent action which breaks down the fibrous constitution of the pyroxyline, and produces the yellowish, semi-transparent, glutinous compound which presents itself in 80 many of the exhibits introduced by both sides, does not take place till heat in some form is applied. In September, 1874, the Hyatts made application for the patent here sued uppn, for "improvement in mallufacturing solidified collodion," No.. 156,352, dated October 27, 1874. In the specification they stated that of their invention was to overcome certain objections involved in the use of liquid solvents. The objections and remedies are ' thus pointed out: "Heretofore liquid solvents have been used in dissolving pyroxyline by first preparing the solvent. [for instance, ether and alcohol, nitro-benzol, etc.,] and then satUl:atingthe pyroxyUne with the solvents. Wbenthe PYJ:oxyline and such solvents are brought into contact, the transforming action of the solvent up0!1 the PY,roxyline commences at once, so that the portions of the pyroxyline first exposed to the action of the sol vent become first dissolved, and absorb an excess of the solvent during the mixing processes, and before the conversion, of the entire mass of pyro:tyllne has taken place, thereby involving a waste of the solvent, and an increased expense of time and labor in the manufacture of large masses of the solidified product. This excess of solvent renders the compound soft, and the excess must be separated from the mass by evaporation, or before a solid and useful product can. be obtained. We have overcome these objections by certain for which. we have obtained two several letters patent. The first method is that described in lettel'S patent No. 91,341, iSBued. to us June 15, 1869, and consists in using the smallest. prflcticable proportion of a liquid solvent, and bringing it. into contact with every part of the pyroxyline by heavy pressure, securing therellf, cheaper and better results than had been heretofore described. The second: method is. that described In our reissued letters patllnt No. 5,928, dated June 23, 18H, which a solid solvent is used, which at ordinary temperatures, bUt which becomes acti ve by the application of heat. This method permitting a mechanical mixture, with the pyroxyline of the solvent in the precise' pl'oportions required to produce a solid result. the, solvent remaining' latent or inactive, to suit the convenience of the operator, but becoming active when required by the application of heat and
in
I
Having thus pointed out the objections to the old process, wheresolv-ants were used whose transforming action commenced at once, and which wereused in such excess that subsequent evaporation was necessary to seeuren solid product, and having indicated the improvements they had alreadypaterited, by one of which this. excessive use of 891vents was tlle a solvent (solid) WJ\8 indicated whose transforming action did not commence at once upon mixture, but re-
FEDERAL REPORTER,
ma;inpd suspended until an. additional step in the called it forth, the Ityatts next proceeded to specify the further improvement they were seeking to patent: "Our present improvement consists in transforming pyroxyline into solidified collodion or' celluloid, l by using a liquid instead of a solid solvent, which liquid solvent, like the solid, is latent at ordinary temperatures, but becomes acHve and dissolves the ,pyroxyline upon the application of heat. The folis adescI;iptionof our improved process: · We make a weak solution of in alcohol, the proportions py weight, one part of camphor to eight parts of, alcohol. This solution of camphor is not a solvent of pyroxylihe at ordiuary temperatures, and we therefore term it a latent liquid sol vent: but it becomes an active solvent at an elevated temperature. There being differences, however, in the soluhility of different grades of pyroxyline, a corresponding change in the strength of the solut!o,n of camphor becomes necessary, which may,readily be determined by experiment. [After the pyroxyline is, reduced to a pUlp, mixed with coloring matter, and the aqiiedus moisture expelled,] we then add to the dried pyroxyline, or pyroxyHne compound, the above-described latent sol vent in about the proportion,by weight. of 50 parts of the solvent to 100 parts of the pyroxyline. The solvent is stjrred into the pulp. and the whole kept in a closed vessel until the solvent becomes evenly diffused throughout the mass; no solvent action taking place to retard orpreveut this even diffusion, as would be the case in the use of solvents ttHit are active at ordinary temperatures. The compound is then subjected to neat and pressllre in a similar manner to that employed when usiI1g t,he sol vents. descri bed in our l'e'lssued letters patehtNo. 5,928. Any Ilquid of pyroxylinethat is iatent at an Qrd,inary temperature, and that become!! active at a higher temperature. can be used as a substitute for camphor,l\lld alcohol in our improved process. The laten,t s61vei,ltmay be combined with thepyroxyline without first reducing the py-, toxyline to a pulp. In we'add the 'latent solvent to the pyroxyline, arid; after alloWing it to become diffused, preferably in 'a closed vessel, we develop the latent solvent, a,nd complete the transformation of the pyroxxnne either in ,heated nlo\,ldsf under pressure, or by passing the compound through'heated rollers; inthe latter case the heat developing the activityof tbe solvent, and the rollers the compoll nd.. The coloring or other matter may also be addecl While the material is being' masticated between the rollers"care being had to continue this masticating process untll the compoparts of the compound are thoroughly and evenly diffused throughout tile mass.' The solvent and pyroxyline may also be mixed, and the com· po.lind subjected to heat, in: any other suitable manner than those above scribed. Furthermore, the subjecting of the compound ,to pressure during the transforming or converting process is not essential to the working of our althougl,l the mallufilcture of the completed product is facilitated, l1nd the cost thereof lessened, by the combined action of beat and pressure, as herein before described." The claims made under this specification were: at an ordinary temperature. but which becomes active as a solvent When the temperature is, increased, substantially as hereinbefore set forth. Second. In the manufacture of solidified collodion, a solution of camphor i\nd alcohol,coIIlbilled essentially in the proportions described, whereby thesolulion islatentasa solvent at ordinary temp ratures. but becomes active and t'tansf.orms the pyroxyline on the application of heat, as hereinbefore set forth."; , cc lUr,t. In the manufacture of solidified collodion, a liquid solvent that is
CE.,LULOID MAlI'UF'G CO. ". CELLO!HTE MANUF'G
co.
905
This application was at first rejected, on the ground that the claims were bad in form, and also that the solvent described is mentioned and disclaimed in the Hyatt patent of 1870, (the original of reisRue 5,928,) as being then old. This disclaimer referred to" camphor made into a solution with alcohol," without any restriction as to the proportions of its components. Thereupon the Hyatts amended both claims as to form. They altered the second claim so as to specify the proportions .of the calnphor, (alcohol compound,) making it read as follows: "Second. In the manufacture of solidified collodion the process of making a homogeneous mass by mixingpyroxyline with 1 partof camphor and 8 parts of ,alcohol, which forms a solvent that will remain latent at ordinary temperatures, and.becomes active upon the application of heat, substantially as described. "
,They, also amended the first claim by inserting the word "only," so as to read, as it does in the patent issued: . .! .IJ ]J'irst.The
process herein described of manufacturing solidified collodion ,by rnixil)g pyr:oxyline With a latent liquid solvent,which becomes active' bnly application of heat, .as and for the purposes set forth."
.' They also addressed an argument to the commissioner of patents, ,October" 1874, pointing out that their invention consisted "in the em:ployment of a liquid solvent of such composition and proportions that. it is 'perfectly latent until the mass it is intended to solve is subjected toa certain degree of heat. 'l'hesolvents described in the references are not liquid latent solvents, eithe,l'bynature: or in use, but are active, and perform their office immediately when brought in contact with roxyline. "They refer to the specification as setting forth the difference in action and result between active and latent liquid solvents,aIid add that the carnphor-alcohol solvent, disclaimed, is, "like all others then known,' agent,' and will not effect the transformation in the manner sought to be covered by our presentprooess; All other liquid solvents. are aetive; that is, they perform their functi(JD as soon as.theyare brought in contact with the pyroxyline. Our present latent liquid solvent does not effect the transformation:of the pytoxyline by simple"aoritact, but remains combined therewith, active; uiltil its power is commanded by the application of heat.'" : Theretipon'the patent was issued. . In view of the state of, the attassetforth in Judge SHIPMAN'S opin.;; ion, 8Upra, and in this brief narrative of the circumstances under which the patent in suit was issued, what construction is to be placed upon the:wcird"latent,"'as used in the Claim? ''l'he complainant, it will be remembered, insists that it should cover any liquid solvent which, though active ,as respects the pyroxylinewith which it is brought in contact; is used withsucba relati,'ely large mass of pyroxyline that the masS will not be converted into solidified collodion at ordinary temperatures. SQ:broada construction does not seem to be warranted by the -facts of Cd this case.. , ; .First· . Thewarious improvements or modifications in the process: 'of' manufacturing solidified' collodion which are disclosed in the earlier
,-906
patents. t9 Hyatts are outstanding against this patent, just eunuch as if tp,ey. Wllre 'issued to strangers.,: Tp.e patent is t,o be construed in viewQf the state of the art when, it was issued, although the art had tha,t-state largely. by inventions' of their own. MoreOVer, the. jPll-tent secures ,to the, ,patentEles only what they asked Jor and accepteQ.Wl1attheir invention waS is to be ascertained from the patitself, not froJP., SUbsequent of' the inventors, with which Co. :v. pavia, 102 U. S. its phraseQlqgydoes not harmonize. . ·. CaT'rigan, 1161];,8.: 093, 6 Sup. Ct"Rep. 493i White v. ·. S. 52,7 Sup. Ct. ,Rep. 72. '.' Becont:l.,The ordinary nieaning'of the word l/la,.tsnt;''',when used in the descriptiotli1of anysU'bstance possessing inhereritifuwl!r, would import that such power was not manifested,-was hidden, concealed, notvisi· bIe or :apparent. It. would 'not fairly describe a condition where the power was in part displayed or manifested. ,Third,.:: The phraseolog.y of the'specifications imports 'some· peculiarity in the atiquid,solvent itself. After describing theweak"solution of camphor and alcohol, there 'thisclause:·ll'ThiB solution of camphor is nqt,.ofp1l'Oxylineat ordinary temperatures, and we thereIf the present ;contention as to Qf the WQI:Q,"latent" is to be accepted,: it would be difficult any solution of camphor, or of anything else, which no,hwith equal"propl'ietYl;btkcaUed If the discovery 'so\igbt to. be .availed of WI's the possibility of arresting the action of by, reduc41g thl1quantityofthe solvent applied to theniass, any it strange thaUauguageshouldhave beenuse4which imported use oJaom(\. peculiar solvent., fourt/l:.'rhe word "latent.", bad a meaning in the .art., It was first inthe reissue No. 5,928 as the dry powdered used. ,As pointed out, BUpra, the camphor, as used ip. inert, inactive, exerting nb a;ction upon thepywhich it not even commencingopera:tions by oiit. To define such 8ction,or, rather, such u()n-actiop,of the solid camphor-gum, the word "latent" was selected. selection... , Thereafter, the word "latent" is used in the celluloid art without some qualification, it would naturally be unthe meaning given by the text of the patent in which first\lsed,as illustrated by the process which that 'patent pointed out. , '..· ,., ,.' ..
FiftA.,Th,epatent itself.indicates,that the word is used With ,that mea,ning.. ;It.refers to the reissue 'Hn which a solid solvent is used, which 4i,t ordinary tempetat1,lres," and then prE',scribes the use of a liqa ,solid solvent,"which liquid solvent" like the solid, is latent at qnlinary temperatuJ;es." The language of the specifications and 9f tl;1e{J.rgument addreSSl'ldto the commissioner ,of patents, which refers to their newsolvent as one "perfectly latent" or "perfectly inacti\"e,,, BOOms that the <:onstruction now contended for was not ,tho \liM of the patent was,. issued. .
CELLULOID
CO. ". CELLONITEMANUF'G CO.
907
, The proceSS described in the patent is not inconsistent with thi!!· construction ofjp,,,, word "latent." It is no doubt true that when a ball, of pyroxyline about the size of a walnut is dropped into a bottle containing two ounces of the weak solution of camphor and alcohol described in the patent it is entirely absorbed. But the patent states that the components are to be combined in "about the proportions, by weight, of fifty parts of the solvent to one hundred parts of the pyroxyline." When so combined, the compound apparently presents the same practical result as would foHow the use of dry camphor alone. Set'fmth. It is urged by the complainants that the patent is not limited either as to the strength of the solvent to be used or as to the proportions in which it is to be combined with the pyroxyline; that two separate processes are provided contemplating preSsure in heated moulns, the otber mastication under heated rollers; that the specific statement ofingredients and proportions refers only to the first method; and that for the second method the patent covers practically any ingredients in any proportions. The language of the specification warrants no such constrnction. It describes "a weak solution of camphor in alcohol, the proportion being, by weight, one part of camphor to eight parts Of alcohol. This is the solution which the patentees say they make in their improved process, which they state is not a solvent at o'rdinnry temperatures; which they therefore term a latent "liquid solvent." The specification proceeds': "There being differences, however, in the solubility of different· grades of pyroxyline, a corresponding change in the strength· of the solutionof ca,mphor becomes necessary, which may readily be determined by experiment." This provides for but a .limited change. When a.bnormal pyroxyline is used, the solution ofthe patent is to be modified so fat only as to give it the same strength, relatively, to ..1e abnormal pyroxyIine as the one to eight solution ·p'ossesses relatively to normal I pyroxyHne. , The specification next provides forai-eduction of the pyroxyline to a pUlp, and its mixture "with the ahove-:de.scrihed latent liquid 80lvent in about t1:e proportions by weight of 50 purts of the solvent to 100 partS Of' thepyroxyline;" the compound to be then subjected to the of pressure in heated moulds. 'Fhe specification pro«eeds: "Any l}quid solvt'nt of JlyrdXyline that is latent at an ordinary temperature, and that. becomes active at a highertetripel'l'lture, can he used as a substitute inourimproved process." h'lnot, as complaioon1s insist, Ii direction to those s4illed in the'drt to use dIfferent proportltms of camphor and alcohol, when compJeting'the process under masticating rollers, as provided for in the next succeeding sentences of the patent. It is a general provision, applicable equally to the die and to the roller process, contt'mplating the discovery of some other liquid solvent than camphor and alcohol, which, like the special solution of the patent, might conduct itself "like the solid" when mechanically mixed with pyroxyline. Whenever "any latent liquid solvent" other than the solution of their improved process should come to light, the patentees in-
908:
J'EDERALREPORTER,
vol. 42:
tebded that it should. be covered by this' patent; they being the first' to point out the use of latent solvents, both solid and liquid. The specification then proceeds as follows: , "The latent solvent [t. e., the one herein specifically described as one to eight camphor and alcohol, or as modified to meet modifications in the pyroxyline, or any liquid solvent which is latent in tile sense of the patent, and which can be used as a substitute for camphor and alcohol] may be combined with the pyroxyline without ,first reducing the pyroxyline to a pulp. In doing so we add the latent solvent to the pyroxyline, and, after it to become diffused, preferably in a closed vessel, we develop the latent solvent, and complete ,the transformation of the pyroxyline either in heated moulds, under pressure, as in the previously described process. [i. e., the one where pyroxyline was fil)Jt'reduced to a pulp,] Qr by passing the compound through heated rollin',thelatter case the heat developing tbe activity of the solvent, and the rollers' cqmpacting the !Jompourid." indicates that when the pyroxyline is not reduced to a pulp pr¥ess of mastication under heated rollers may be substituted for the heated moulds, it does not call for any chll-nge in the compothe splvent w,b.en ,so ,used., The word "latent," as used in the, cannot peheld to cover liquid solvents which are not, tpe soHd, ,lj,tordina,ry , ' . It PQly rewains to the infringe the first, as, th\ls construed. They do not use the 1 to 8 soluand alcp1wl, but one composed of 35 to 40 parts ofcamphor and. 50 paAs of wood alcohol. This, as complainants' witnesses by no means a weak solution. This soln,tion they mix with pyro;KyHne in the of about 85 to 90 pll.rts of sol vent to 100 parts or pyroxyline.. ,That such a solution is an active solvent of so much pyroxyline as it comes in contact with is practically not dig. puted.; in fact it' is one of the most active known. That it has acted ripon such parts of the pyroxyline so as to break down their fibrous stitutiou, apd produce, in combination with them, a yellowish, semitransparent, glutinous cQ):llpound, which is neither pyroxyline nor camphor and, alc()hol, is the universal testimony of the f'xhibits. Nor does, witnes$McLaughlin substantially contradict this, for he says that "usl1allYi (ilL!. ,the top of the batch that was soaked it looked something like tne.' sample, [Monroe experiment, No.1.]" As the defendants,' tberefore. \lSe neither a well-Jr solution of camphor and alcohol, nor mix itwith pyroxyline in the 'proportions specified, uQr use any liquid solv",Whicp, like, the. SQlid, is latent at ordinary temperatures," they be held t() infringe. dismissed·
." ;1'
ii
CAVANAGH t1. PIKE.
CAVANAGH t1. PIKE
d al. July 22, 1890.,
(Ci1'C'UU Court, D. Massachusetts.
PU'l!:1'M'S POR INTIIINTION8-INPRINCtEMENT-PILE-DRIVERS.
Patent No. 205,244, granted June 25,18iS. to GeorgeH. Cavanagoh, for an improvement in pile-drivers, was for an extensible guide-way adapted to be projected . or extended below the platform or frame, to permit the hammer to follow and operate upon the head of the pile, to drive it below the level of the base of the pile. driver. that this is not infringed by patent No. 284,282, granted September 4, lli83. to RoysJ. Cram, for a steam pile-driver having a combined <lylinder and hammer, the whole within a frame having on each side continuous vertical grooves adapted to work in guides formed on, or rigidly fixed to, the uprightll.
.lames II. Lange and Jilred.P. Fish, for complainant. lVilliarn B. H. Dowse, for defendants. CARPENTER, J. .This is a bill in equity brought to enjoin the respond- ' ents from infringingletrerspatentKo.205,244, granted June 25, 1878,' to the complainant, foririlprovement in pile-drivers. The claims of the! lii.ltent are as follow!'!: "( 1) In a an extensible guide-way adapted to be projected6r: extended below thephltform or framl'. substantially as and for the purpose' ,j.·Sl'db"u. (2) The II\Jrights, b, b. combined with a vertically adjllstal:He Wilde-way aUapted to be lowered bl>low the l,>ase of thedri \'er. to permit the, hammer to follpw and operate upon the head of the pile. to drive it below tl)jl of the Lase. as may be dpsired." . In the construction of a pile-driver,it is found to be a practica},neces.· tiity that the uprights within which the hammer 'Yorks, and, such iill-, movable guide-way as Illay be attached thereto, shan not extend to:any : considerable distance below the lrame-work or platform of the pile-d.river. The purpose of this invention is to IJI'o\'idemeans whereby piles may, be driven to any desired point, withillcertain limits, below the level of,that i platform. The means employed for this purpose before the invention of; the complainant appear to have been as follows: (1) To apply to the upper end of the pile being driven a follower against which the hammer! might strike; (2) to bolt supplemental guide-ways to the upright!! in line with the stationary guide-ways; (3) to cause the hammer. in. falling, to project for some .portion of its length below the.euds of the up!;'igbt!l and stationary guide-ways. In the case of steam adcyl., on the hammer, and included :with it: iuc\er and. piston-rod are in one rigid frame-work, the length of the frame-work is such astQ!itllQw,i the fall of' the harmner to a point considerably below the ends oithe guide-ways. Examples of such pile-drivers are seen in pateptsNQ. 160,781, issued March 16. 1875, to Thomas T. Loomis; reissue No. " 7,586, issued April 3, 1877, to Thomas T. Loomis) ,and No. 185,458, is-' sued December 19, 1876, to Thomas M; Skinner. In addition to these' III ethods which.a ppenr to, ,h:l\'e been:inuse, there was pUblished. the ellt No. 134,412, issued December 31, 1872, to Charles H. Williamson, !I:: !l- Lole in the',
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