Home/U.S. Circuit Court for the District of Eastern Pennsylvania/New Jersey Wire-Cloth Co. v. Merritt

New Jersey Wire-Cloth Co. v. Merritt

96 F. 216, 1899 U.S. App. LEXIS 3228
CourtU.S. Circuit Court for the District of Eastern Pennsylvania
DecidedAugust 7, 1899
StatusPublished

This text of 96 F. 216 (New Jersey Wire-Cloth Co. v. Merritt) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Jersey Wire-Cloth Co. v. Merritt, 96 F. 216, 1899 U.S. App. LEXIS 3228 (circtedpa 1899).

Opinion

McPHERSON, District Judge.

This suit is brought to restrain an alleged infringement of letters patent No. 456,202, originally issued to William Orr upon an application filed April 30, 1890, and now owned by the complainant as assignee. The specification declares that the applicant has invented “certain new and useful improvements in fireproof buildings,” and proceeds to describe the improvements in general terms as follows:

“This invention relates to the’ construction of ceilings or walls formed of metallic lathing, to which is applied cement, concrete, plaster, or other suitable plastic material, and especially to arches thus constructed, it being the object of the invention to provide an improved construction by which the cost is reduced, and the strength and fireproof qualities of the ceiling or wall increased. To this end my invention consists in an improved means for forming fireproof structures with metallic lathing, and in an improved ceiling and arch construction, all of which will be more particularly described in the specification, and pointed out in the claims.”

A detailed description is then given, referring to the drawings that accompany the application:

“Fig. 1 shows an arch constructed in accordance with my invention, part of the plastic material being removed. Fig. 2 shows the method of supporting the lathing during the process of constructing the arch. Fig. 3 is a section of the metallic frame of the arch of Figs. 1 and 2, taken across the curve, and showing the preferred form of construction. Fig. 4 is a similar section of the same construction with metallic lathing formed of perforated sheet metal. Fig. 5 is a similar section of a modified construction, in which the lathing is provided with offsetting clips. Fig. 6 shows an adjustable frame, preferably used to support the lathing. Fig. 7 is a side view of the frame shown in Fig. 6. Fig. 8 shows a section of straight ceiling construction in accordance with my [217]*217Invention. Referring now particularly to Figs. 1 and 2, A are the ordinary I-boams of a coiling, and 1> an arch supported iherehy, the arch being formed by a section of metallic lathing, 2, sprung into position above the lower flanges, 1, and embedded in a body of plastic material. For the purpose of supporting this metallic lathing during the process of applying the plastic material, I employ a frame formed preferably of side pieces, ⅝ and slats, 4, supported thereon, and forming the top of the frame. This frame may be supported in any suitable manner by blocking or otherwise; but I prefer to use the means shown, consisting of a light metallic hanger, 5, supported from the flanges of the beams by arms, (>, and carrying the frame. This hanger is formed preferably in two parts, having a slot and set-screw connection, 7, as shown in Fig. 2, by which the two parts of the hanger may be drawn together, and the supporting ends released from the flanges of the beams, thus allowing the frame to he removed from beneath the arch. The supporting- frame may rest [218]*218directly upon the hanger, as shown in Fig. 2, hut I prefer to employ the construction shown in Fig. 6, in which the hanger is provided with set screws, 12, at each end, on which the frame is supported, and hy which it may be adjusted vertically, as desired. With this construction, the metallic lathing having been sprung into position between the beams, the frame will be placed in position beneath it, and raised by set screws, 12, until it is in position to support the lathing. The plastic material is then applied, and allowed to set as desired, when the frame will be lowered by the set screws, and withdrawn from the plastic material, and the frame and hanger will then be moved forward for the construction of another section, as above described.
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Bluebook (online)
96 F. 216, 1899 U.S. App. LEXIS 3228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-wire-cloth-co-v-merritt-circtedpa-1899.