Chisholm, Boyd & White Co. v. Anderson Foundry & Machine Works

115 F. 738, 1902 U.S. App. LEXIS 4965
CourtU.S. Circuit Court for the District of Indiana
DecidedMay 7, 1902
DocketNo. 9,827
StatusPublished

This text of 115 F. 738 (Chisholm, Boyd & White Co. v. Anderson Foundry & Machine Works) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chisholm, Boyd & White Co. v. Anderson Foundry & Machine Works, 115 F. 738, 1902 U.S. App. LEXIS 4965 (circtdin 1902).

Opinion

BAKER, District Judge.

This is a suit for injunction and accounting for alleged infringement of three patents, owned by complainant, relating to dry pressed brick machines, the first being patent No. 429,296, granted June 3, 1890, to B. C. White and James A. Boyd; the second being patent No. 455,374, granted to B. C. White July 7, 1891; and the third being patent No. 488,622, granted to B. C. White December 27, 1892. The first patent contains 10 claims, and of these the tenth claim is the only one alleged to have been infringed. The second patent contains 25 claims, and of these the seventeenth and twenty-third claims are the only ones alleged to have been infringed. The third patent contains 20 claims, and of these the sixteenth, nineteenth, and twentieth claims are alleged to have been infringed.

The mechanical principles embodied in the six claims alleged to have been infringed are the questions presented for consideration and determination.

The tenth claim of the first patent relates to a stop device forming a part of the pressing mechanism of the dry pressed brick machine. Claim 17 of the second patent relates to the hopper for feeding clay in a brick machine, so mounted as to be vertically movable and to rest in position by gravity. Claim 23 of the second patent relates to adjustable arms for oscillating the feed box, the novel feature being certain pivotal connections which give rigidity to the arms in movement. The sixteenth claim of the third patent relates to the construction of the front wall of the feed box of a material substantially weaker than the material of which the remaining walls are formed. The nineteenth and twentieth claims of the third patent cover the making of a brick machine in two parts for convenience in shipping, the main part consisting of the operative elements, and the other part consisting of the driving elements. It is at once seen that only a few points of comparatively minor importance are involved. The defendants’ alleged infringing machine is manufactured under and in accordance with the-claims of patent No. 598,554, granted to Anton Berg February 8,. [740]*7401898. The defenses are anticipation, want of patentable novelty and utility, and noninfringement.

The tenth claim of the first patent is as follows:

“The combination of a mold, upper and lower plungers, toggle arms connected with both plungers and movable vertically at both ends with the plungers, a toggle operating beam fulcrumed between its ends and connected with the central joint of the toggle, and a stationary stop or stops located in position to engage the upper plunger and limit the descent of the same, and thereby operating to determine the vertical position of the plungers within the mold at the time of greatest compression, substantially as described.”

The only element of the above claim alleged to be infringed is the use by the defendants of the “stationary stop or stops located in position to engage the upper plunger and limit the descent of the same.” The only instruction contained in the patent as to the location of the stops is found in Fig. 2 of the drawings, in which they are shown as screw bolts tapped into the upper surface of the mold table under the upper crosshead upon opposite sides of the mold. Neither the specification nor the claim defines any preferred location for these stops, except that they should be located in the path of descent of the upper plunger. So far as the specification and claim point out, these stops might be attached to the side frame or to the upper crosshead and come down against the mold table. Nothing is said about the necessity or desirability of locating these stops on top of the mold table. It seems to me that this element of claim 10 is anticipated by patent No. 395,871, granted to J. J. Brewis January 8, 1889. In the Brewis patent a stop is described and claimed which is secured to the upper crosshead, being of such length as to strike the mold table and limit the downward movement of the upper plunger at a predetermined point. The specification says of this stop:

“In Fig. 7 I bave shown an adjustable grooved shelf for giving the two pressures on opposite sides of the brick as has been indicated, while in Fig. 8 T have shown an adjustable stop A, secured to the crosshead R, which allows the upper plunger to enter the mold box a certain and predetermined distance so as to give the necessary amount of pressure to the top of the brick until stop A strikes the top table and arrests the further downward movement of the upper plunger. The lower plunger is now raised by the straining of the toggles so as to exert pressure on the brick, and in this way first a top, and then a bottom, pressure is exerted on the brick.”

This operation is the same as that described in claim 10, and the stop secured in the upper crosshead is for the same purpose, and accomplishes the same result in the same way. The stop is claimed in the Brewis patent as follows:

“In a brick machine of the character described, the adjusting stop or bolt A, secured to the erosshead R, as described, whereby the downward movement of the plunger is arrested as set forth.”

The only difference between the Brewis stop and the stop of claim 10 is that the stop of the Brewis patent is secured to the upper cross-head, while complainant’s stop is secured to the top of the mold table. This is simply a structural difference, and is not pointed out in the specification of the complainant’s patent, nor is it claimed. When it was once shown that in making dry pressed brick the downward [741]*741movement of the upper plunger should be arrested at a certain and predetermined point, it was simply a matter of mechanical selection whether the stop should be secured to the upper crosshead or to the top of the mold table. Mere change in the location of the stop from the crosshead to the mold table does not avoid anticipation, nor does it involve invention. Any mechanic would, by the application of the simplest mechanical skill, be expected to make the change without the exercise of any inventive faculty. In this view of the case it becomes unnecessary to determine whether or not the strips placed on the mold table of the defendants’ brick machine act as a stop and are the equivalent of the stops of the complainant’s brick machine. Nor is it necessary to determine whether or not the downward movement of the upper plunger in the defendants’ brick machine is arrested by means of compression produced by the contact of the fulcrum roller with the cam block of the pitman beam, as contended by the defendants.

Claim 17 of the second patent is as follows:

“The combination, with a mold and reciprocating feed box, of a hopper resting in contact with the feed box, the part of the feed duct or hopper which is in immediate contact with the feed box being movable freely toward and from the feed box, whereby gravity tends to hold said hopper in contact with the feed box, substantially as described.”

The specification describes a particular two-part hopper, the lower end of which is provided with a telescoping ring which rests by gravity on the feed box. As the feed box moves back and forth under the hopper, this ring in the hopper is free to move up and down, and thus has a tendency to prevent the clay from leaking between the hopper and feed box. The specification also says that an equivalent method is to make the whole hopper rest by gravity on the feed box, and the complainant’s contention is that the claim embraces this equivalent construction.

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Cite This Page — Counsel Stack

Bluebook (online)
115 F. 738, 1902 U.S. App. LEXIS 4965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chisholm-boyd-white-co-v-anderson-foundry-machine-works-circtdin-1902.