Ullstrand v. Coons

147 F.2d 698, 32 C.C.P.A. 912, 64 U.S.P.Q. (BNA) 580, 1945 CCPA LEXIS 415
CourtCourt of Customs and Patent Appeals
DecidedFebruary 7, 1945
DocketNo. 4949
StatusPublished

This text of 147 F.2d 698 (Ullstrand v. Coons) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ullstrand v. Coons, 147 F.2d 698, 32 C.C.P.A. 912, 64 U.S.P.Q. (BNA) 580, 1945 CCPA LEXIS 415 (ccpa 1945).

Opinion

O’Connell, Judge,

delivered the opinion of the court:

This is an appeal by UUstrand from an award of priority to Coons in a decision of the Board of Interference Examiners of the United States Patent Office in an interference proceeding.

The single count in issue is claim 1 of the patent to Ullstrand, No. 2,215,614, granted September 24, 1940, on an application filed January 4, 1938, and claim 12 of the reissue application of Coons.

Appellee Coons is involved in the interference on his pending application, Serial No. 373,970, filed January 10,1941, for reissue of patent No. 2,178,870, granted November 7, 1939, on an application filed August 8, 1936, Serial No. 94, 934.

The Primary Examiner and the Board of Interference Examiners both held that appellee had the right to make the claim constituting the count of the interference, and thus on the record before this court appellant is the junior party with concurring decisions of the Patent Office against him.

The reasons of appeal relate solely to the right of appellee to make file claim constituting the count of the interference.

The count reads:

1. In an absorption refrigerating system, a generator, a rectifier, an absorber, and a vapor liquid lift for causing- circulation of absorption liquid between said generator and absorber, said rectifier being arranged for cooling thereof by absorption liquid flowing toward the said generator, and said lift being connected to said absorber and said rectifier and said generator to recewe liquid from both said absorber and rectifier, and vapor from said generator. (Italics ours)

Appellant contends that the limitations called for by the count, “and said lift being connected to said absorber and said rectifier and said generator to receive liquid from both said absorber and rectifier, and vapor from said generator,” distinguish appellant’s patent from appellee’s reissue application and deprive appellee of the right to make the claim constituting the count of the interference. The remaining elements of the count are uncontroverted.

In this controversy, both appellant and appellee provide structure for circulating absorption solution in a refrigeration system, which includes a generator, a rectifier, an absorber, and a vapor liquid lift, such elements being connected to one another by conduits to form a circuit through which the absorption solution flows in a continuous cycle.

Appellant’s patent discloses a vapor liquid lift formed by a pump intervening between two vessels at the lower and upper ends of the pump, through which absorbent liquid is conveyed from one vessel to the other, and an absorber which, he states, comprises, among other things, a “sump or pot.” Appellant further states that the lower vessel of the lift is connected to the absorber through the “sump or pot,” [914]*914by a conduit which carries the absorption liquid from the absorber to the lower vessel of the lift.

The lower vessel of the lift is connected to the rectifier by a conduit to receive rectified vapor from the rectifier.

The upper vessel of the lift is connected to the generator by a conduit which delivers liquid through the rectifier to the generator. The generator is connected to the lower vessel of lift by a conduit which delivers vapor to the rectifier, and by a conduit from the rectifier to the lower vessel of the lift.

Appellee’s reissue application discloses the vapor liquid lift connected directly to the generator from which the lift receives refrigerant vapor. The lift is connected to the absorber by an elongated U-shaped conduit through which the absorber receives liquid from the lift.

The absorber is connected to the rectifier by a conduit to the outer jacket of the rectifier, from which the rectifier receives absorption liquid from the absorber. The rectifier is connected to an adjacent vessel by a conduit from which the vessel receives an overflow of absorption liquid from the outer passage of the rectifier, and such vessel is connected to the generator by a conduit from which the generator receives partly heated solution and condensed water vapor.

A careful analysis of the structure and function of the respective systems defined establishes that the only distinctive feature between them, so far as relates to the issue herein, is that the connection between the lift and absorber, and the connection between the lift and rectifier in appellant’s patent are direct connections, whereas the connection between the absorber and lift in appellee’s disclosure is an indirect connection.

The import of appellant’s argument is that the terms in the count provide for material limitations which should be construed in their natural meaning to comprise a specific connection between the respective elements involved.

Whether the distinctive feature hereinbefore stated deprives ap-pellee of the right to make the claim in the count of the interference depends upon whether the meaning of the term “connected” is restricted to a specific or direct connection.

The term “connect” is defined in Webster’s New International Dictionary, Second Edition, 1939, as follows:

connect * * * v. Transitive: 1. To join, or fasten together, as by something intervening, whether physically or logically; as to connect towns by a railroad; to unite or link together, as in an electrical circuit.

The derivative of the term “connect” is defined in the same dictionary as follows:

Connected * * * adj. Joined or linked together.

[915]*915The above definition of the term “connect” is plain and unambiguous and is identical with the meaning- of the term as defined in other authoritative sources. See Funk & Wagnalls New Standard Dictionary.

It is clear that the accepted definition of the term “connected” is restricted to neither a direct nor an indirect connection, and the term is therefore applicable to an indirect connection as claimed by appellee.

If there were any further doubt as to the meaning of the term as it is used in the count, its meaning is positively established by the interpretation of the term as defined herein by appellant himself.

Confronted in the prosecution of his application before the Primary Examiner with the rejection of claim 1, the count in issue, appellant elected to proceed to the successful prosecution of the claim upon the ground that the words “being connected” were not restricted in meaning to define either a direct or indirect connection, and that the meaning of such words covered a connection called for in the claim which was effected “either directly or indirectly.”

The record discloses a letter of the examiner dated May 20, 1939, addressed to the attorney for appellant, which, so far as pertinent, reads as follows:

Claim 1 as amended is rejected as misleading. The claim properly suggests, that the vapor lift receives liquid from both the rectifier and absorber, from both of which it does receive the liquor directly, but it also suggests that it receives the vapor directly from the generator. It is not considered that, where the connections disclosed on the drawing are all substantially similar, one description may be applied to another. Furthermore, the claim describes the lift as “being connected”. This description is so incomplete as to be substantially meaningless.

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147 F.2d 698, 32 C.C.P.A. 912, 64 U.S.P.Q. (BNA) 580, 1945 CCPA LEXIS 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ullstrand-v-coons-ccpa-1945.