52 F. 471 -

GAMEWELL FIRE ALARM TEL. CO. V. MUNICIPAL SIGNAL CO.

471

GAMEWEJ,L FIRE

ThL.

t1. MUNIcn;AL SIGNAL

CO.

(Circuit Court, D. Massachusetts. August

to, 1892.)

No. 2,543.

PATENTS FOR INVENTIONS-LIMITATION OF CLAIM-PmOR ART-INFRINGEMENT.

Ltltterspatent No. 164,425, issued June 15,1875, to Stephen Chester, for an improveml'lnt in fire-alarm signal boxes, cover, in. the third claim, "the combination of an independent pinion or equiv.alent device with a wheel, sector, or rack, and a key or equivalent Implement wll.ich may pass through an orifice in a closed door, fill' the purpose of winding ·110 Illpring or raising a weight." This claim was inserted after, t11e rejection of a broad claim for "the winding up and preparing for action the'motive force of said apparatull by turning the key, or similar device, inserted in the keyhole of a closed door or cover. ", Held that, in .view of this action. and of the fact that the combination. of a pinion, wheel, sector, or rack with a keY' or its equiValent, passing through an orifice in the door for the purpose of a spring or raising a wei/tht, was old at. the .time of the invention, the claim must be limited to the specific devices set forth; or their equivalents, and is not infringed by a signal box in which the devices are widely dissimilar.

In Equity. Suit by the GamewellFire Alarm Telegraph Company against the Municipal Signal Company for infringement of letters patent No. 164,425, issued June 15, 1875, to Stephen Chester. Bill dismissed. The issue was on the third claim of the patent, which reads as fol. lows: . "The combination of an independent pinion or t'quivalent device with a wheel. sector, or rack, and a key or eqUivalent implement which may pass through an orifice in a closed door for the purp08e of Winding a apring or raising a \Veight." Chatle8N. Judson, for complainant. Fish, Richardson Storruw l for defendant.

«

COLT,Circuit Judge. This bill in equity alleges the infringement of letters patent No. 164,.425, dated June 15, 1875, issued to Stephen Chester. The invention relates to an improved form of signal box: for the transIlilission of fire-alarm or other electro-telegraphic signals. The mechanism is somewhat complicated. It is only necessary in this case to particularly examine that part of the contrivance covered by the third .claim. The Chester signal box has within the case an interior box which is described as containing a combination of gear-work capable of causing any electrical circuit closing and breaking devices to move with uniform .speed, when the weight or spring necessary to produce motion shall be .attached thereto and shall be wound up. The patentee further says: "It has' been customary to Use clock-springs inclosed within this circular ·box, 0, for impelling the said machinery, which, in very cold weather, are liable to fracture, or to inequality of motive force when subjected to grp,atly varyingdegtees of temperature; hence, in many parts of the country, demands -have beettrnade to have weights substituted to drive the machinery, which operate outside the box, C. The objection to this latter mode of propulsion -has been that the method of Winding up the machinery has been such that the weight would be raised with a sudden, impulsive motion, frequently

472

FEDERAL REPORTER,

vol. 52.

catching in tbe upper corner of the box, or its attachment to the arm, D2, would be broke? This difficulty would be obviated if the method of winding were' such that the weight would be raised with a steady and uniform motion." The third claim has reference to the winding apparatus. A bellcrank lever is fixed upon the end of it shaft, and by revolving actuates machine. One arm of this lever is attached to a weight, the and :the other armis made in the form of a cogged sector or wheel, the t'eeth: of,which engage with,'jl.'pinion. This pinion is so held upon a shaft ihatit can slide thereon, in a longitudinal direction, and revolve loosely: upou it. To of the sQa!t is fixed a disk, and the pinion is normallY" pressed towards the disk by jl. spiral spring surrounding the shaft., "Tbe shaft is pressed, outward ,by a spiral spring within its standard, which standardis fixed to the side ofthebox.q ,The shaft is thrpwn, out from its bearing by 'aacrew which normally rests in a longitudinal groove upon the surface of the shaft. In this position the shaft cannot be rotated, but the groove permits the sbaft to 'bel pressed backward' against the force of the spring behind it tmtilthe'!screw is opposite a transverse groove surrounding the, shaft, and when in this position the shaft can be rotated. Upon the cessation of pressure upon the spring the shaft will return to its normal position. Oil sides of the'door of the box are two plates, and held between them is a ratchet wheel which is engaged by a pawl, and so permi,tted to revolve only inane direction. The keyhole is cut through the plates, the end 'of the shaft, and intathe pinion. 'I'he keyisstdlhaped that when pressed in the proper diStance it 'Will revolve, and will turn with it the ratchet wheel, disk, arid pInion, and thus permit the shaft to rotate. When the key is thus rotated the pinion winds up the transmitting meehanism, and the'ratchet wheel prevents the key being rotated in the reverse direction, or withdrawn from the box, before the full rotation of 'the pinion and the winding up of the motor. The results accomplishe&by this form of apparatus are stated by the patentee, as follows: "It is equally' evident that, if the proper key be introduced and turned in the only dh'ectionpermitted by the ratchetwbeel, H, it will cause the weight, S; to be raiiJM, or an eq uivalent effect be. prod uced if a spring be used. Also, it is evident that the key must make an"entire revolution before the pin, e, ,can escape from the transverse groove, 4, into the longitudinal groove, c, of ,the shaft,F. Wilen, however, this revolution has been performed. precisely as one wouldlock or unlock a Jock, if, no severe pressure be made upon the key at that JIl0ll;lent it will be thrown outbythll recovery of the spring under the shaft, F'-and so 'soon as the points of the key escape from the slot or keyhole of thepiniOll' the latter, being entirely free, will be caused to revolve in the opposjtedirection by the descept of the weight. S, and consequent movement ()1' arm" DI, and the key cannot re-engage in tqe, said slot or keyhole until the revolution of the, pinion has again brought the keyholes opposite to each other. * * * When the key has once been turned and thrown out, as abovedellcribed. it is impossible to reintrodnceit,ol' in any way interfere with the evolutions of the interior maqhinery, until it has completed to it." the functions

GAMEWELL FIRE ALARM TEL. CO; t'. MUN;J:ClPAL SIGNAL CO.

473

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@ S)

0

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The utility of this ingenious contrivance seems to consist largely in making mistakes in alarm. When tqe,key,isonce.inserted. and the turning begins, it cannot be turned send)n a partial itillust'beturned until rotttttorris'cOInpleted. When has been tranllmitted, the citizen is prevented from again turning the key around in the keyhole, tIle shaft t£lndstti throw it out. By this method by of the and the pinion enof winding up gaging. the coggeq .sector upon,'the iinding lever,"" method of winditlg is provided whereby tqe weight isi raised with a. steady and uniform emotion, and sudqen avoided. : ". T.he Sh?wn by file wrapper and con. to proad ' .. (,l,ln combination with any up and prepad.pg for action the motive force said. apparatus by;: the key or device iDserte4i4;the door or covet." , 3" ",hich embraces the pinthe s?bstituted· . " does not,').t seems to D;le,icontam the cHic third. claim of the Chester patent; To be;!lure, It has ili·transmIttmg'mechamsm composf;ld ola break wheel actu.. ftspring. which was old at the date of the Qijester patent, but . . the; has not the peculiar shaped key, or tpe pinion for trm)smitter, or the cogged sector attached t9' the winding $haft, Q( the Ohester patent, and Which are the special feature$ of tqetbird thereof, does it accomplish the useful rfJsults, speQifieciby.CbEi$ter. 'fhe kef' in defendant's box can be partly ;turned, and. then turned back;' it. is riot thrown out at the end of its revqlutioD;.nor ,does operQ.te SO as to produoe a ateady and uniform motion. On the contrary, the key is turned bnly for a short distahce, and moves tliewinding shaft lilt constantly increasing speed. In 'this aJ:l'paratus an ordInary key is inserted through II key· hole, tbeQRl're1 fitting'tipon a post, and'npon.being turned a quarter of a circle its bit engages with a projection upon an arm, and upon being further turned this arm pu,Jls d()wn a slide. This slide has a stud upon it, which lies upon the upper side of another arm attached to the wind. ing s4aft. When the slide is pulled down by the operation of the first the is rotated. arm actuatefl by CAcQoopa:Hson oftbedMendant's signal box with the qhesterbo.x, with by the third claim, shqws such dissimilarrespect to the devices ity that there can De no infringement".,:unless a very broad construction should be given to the claim. This is Unwarranted in view of the proceedings which took place in the patent office, and of the state of the art at'thettp:te. I do not think it necessary to enter opofiao examination 9f the art as disclosed in the record. It is sufficient to say that the cbmbiDl\u'&iii'r.fIo pinion. wheel, sector, or rack, with a key. or it-s equivalent, passing tli'rough an orifice in a, door for the purpose of winding a spring or raising a weight, was old and well' known at the time of the

prior'

ATWOOD

iI·. W,

G. & A. E. M<il&RISON CO.

475

Chester invention. Itfollows that :the third claim of the Chester patent should be limited· to. the devices,or· their equivalents, set forth in that claim, and these are not found in the defendant's structure. Bill dismissed, with costs.

ATWOOD

et r:d.v. W. G. &

A.

R.

MORRISON

Co.

(Circuit Oourt, D. Oonnecticut. September 30. 1892.)
PA.TBNTS FOR INVBNTIONS-ANTIOIPATION-INFRINGBMBNT-Al'PARA.TUS FOR DRIVING SPINDLES.

Letters patent No. 2116,371. issued April 8. 1884, to John E. and Eugene Atwood for an improvement in the means of driving spindles br bands, so as to permit· the uS6'ofnarrow spindle frames, consist of the combination of a drive pulley.and a guide pulley having parallel.axes, and arranged one above the other, two spindles on opposite sides of said pulleys, and two driving bands, 'each encircling both pullers and the whirl of the spindle, and each consisting of three parts, two of which pass horizontally between the whirl and the adjacent sides of the pUlley, and the third passing directly from one pulley tQ the other between the hQrizontal portious. Hilld. that the patent was not anticipated by a machine alleged to have been constructed and used continuously trom 1877 by the W. G. & A. R. Morrison Company in its factory at Willimantic. Conn.

In Equity. Bill by John E. Atwood and Eugene Atwood against the W. G. & A. R. Morrison Company for infringement of patent. Decree for injunction and accounting. Fish, Richardson Storrow, for plaintiffs. Charles L. Burdett, for defendant.
SHIPMAN, Circuit Judge. This is a bill in equity, which is based upon the infringement of the first three claims of letters patent No. 296,377, dated April 8, 1884, to John E. Atwood and Eugene Atwood for an improvement in the means for driving spindles by driving bands; The application was filed July 19, 1879. A spinning frame is a long frame having at each side a row of spindles rotating in vertical axes. A single shaft, extending lengthwise of the frame, drives all the spindles or..the frame. This shaft was formerly provided with a drum, or with single separate pulleys, one for each spindle. In the Atwood patent of 1874 two driving drums were used, which were" arranged side by side, lengthwise of the frame, each driving, by separate bands, the row of spindles at the further side of the frame. In this arrangement the drum on the side next one row of spindles acts as a guide for the bands running from said spindles to the drum at the other side, which drives them, and in this manner the portions of the band approaching and leaving the whirl of the spindle are in the plane of rotation of the whirl,» which is an important consideration, because, if, as in preceding inventions, the band approached and left the whirl at an angle to its plane of rotation, unnecessary friction was increased. The two drums placed side by side made a wide frame, and the same fault existed in the earlier inventions, which had also wide frames, because the spindle must be at a distance from the drum, so 88