least for:· a.sOOrt 'time by two or' (;h,lee'of' the ,witnesses. That seems to be sufficient to'oonstituteapllwr use. . Defendants may take a de· cree dismissing the bill. , ." '
OARY MF.G. CO.
Box STRAPS. The dary patents, No. 441,354, tor a "method and machinery tor makIng metal box: straps," and No. 441,353,' tor a box: strap cut with beveled edges from Ii sheet of metal, and 'such edges "curled inward upon them· selvell," and pr,essed down upon the edges of the band, construed, and hel!J, not' to' .' either the or. product of rolling the straps beordinarY flat rollers, eveliltthis produces curling Inward of the beveled edges, as described In the patent.
PROCESS AND PRODUCT,}lETAL
(Oiret1rt ICourt, E. D. ,,'. .
,DE HAVEN. March 29, 1898.)
The Cary patent, No. 403,247., ,for an In reels for box straps,hela valid as to claim 2, asdisc10slng patentable Invention In the combination, arid also held Infringed. '
Final hearing, upon pleadings and proofs, of bill in equity alleging infringement of three patents issued to S. C. Cary, and assigned to complainant. A. G. N; Vermilya, for complainant. Comstock'& Brown (Albert Comstock, of counsel), for defendant LACOMllE, Circuit Judge. The patents are three in number; No. 403,247, issued May 14, 1889; No. 441,353, issued November 25, 1890; and No., 441,354, issued November, 25, 1890. No. 441,354 is for improvements in, "the method of and machinery for making metal box straps." Box straps are made 'by cutting strips of metal of proper width from a metal sheet, and uniting said strips endwise to constitute a metal ,strap of indefinite length. The action of the cutting or slitting knife in separating the bands Or strips from the sheet edge produces a sharp and somewhat inclined edge or "burr" on each side along the ballds or strips. The specification states:
"The knlte, .as It' passes thE! s'heet metal, deflects or bends It more or less along, tlie line of the cut 'to', somewha t below or beyond the plane under f&OO of the sheet, and, as it' makes the cut, forces or carries the metal to on each side of th.e cut, lI.$;plalnly shown a.t a. These sharp
CARY MFG. CO. V. DE .HAVEN.
!dges, a, In bands thus cut from.a metal sheet, prevail on the bands from !nd to end, and are very objectionable when the bands are employed to con· stitute a box strap, as they are exceedingly liable to cut and wound the hands of the users of the strap. The object of my Invention Is to remove this objectionable feature. from metal box straps of the class described."
It is, of course, obvious, that such sharp edge or burr could be removed with a chisel or a file, or be beaten down by strokes with a hammer, and that the results obtained by the blows of a hammer might also be obtained by running the strip between flat-surfaced rollers, under pressure, is elementary mechanics. By the latter op· ration the metal in the burr would be forced back into the plane of the surface of the strip. The patentee evidently assumed, and assumed correctly, that his machine must do more than this if he ex· pected to claim that it exhibited patentable novelty in the product. Apparently, at that time, he had not persuaded himself that he would be entitled to the exclusive control of elementary processes of metalworking simply because he was the first to apply them in the manufacture of box straps. He therefore sets forth in his specification that his invention consists "in curling the side edges [burrs] of the bands or strips over upon themselves, respectively, and pressing them closely to the body of the bands," and in "mechanism by which the said bands or strips have their side edges rolled· or curled over upon themselves," etc. It is unnecessary to describe in detail the machine by which the patentee accomplished this result. Its characteristic feature is a pair or pairs of "rollers which are grooved peripherally, and the members of each pair of which are mounted and geared so as to II II II adapt them to receive the band or strap between them edgewise, with the strap edges inserted in the peripheral grooves on the rollers." The specification, after more fully describing the machine, says further: "By this means the said sharp edges are curled inwardly upon themselves, and pressed to the band body," etc. The first claim is:
"(I) The method of making metal box straps, which consists in cutting metal bands or strips of the desired width from a sheet of metal, joining said 'bands or strips together endwise to constitute a metal strap of Indefinite length, and, either before or after said bands or strips are thus jointed endwise, rolling or curling the side edges thereof over and upon themselves, respectively, and pressing them to the body of the band, substantially as and for the purpose set forth."
Patent No. 441,353, which was applied for at the same time, and with its issued on the same day, as No. 441,354, is for the box sharp edges or burrs curled over and pressed down in the manner described. Its claim is:
"A metal b.and for box straps, cut with thinned or beveled edges from an t·dge of a sheet of metal, and having said thinned or beveled side edges curled tnward upon themselves, respectively, and pressed closely to the band body at, upon, and along said side edges thereof, substantially as and for the purpose set forth."
The C"ontention of 'complainant that a box' "strap that had the burr remcved, even though only passed between flat rollers, would be in.eluded ill the claim," cannot be sustained. The process of removing
88 FEDERAL nEPORTER.
inequaUties)nthe surface of metal by passing'l:>etween flat rqllers was known .to the art probably betore the patentee was born. A court may surely take judicial notice of elementary mechanical operations!' The complainant'S 'contention that claim 1 of patent 441" 354 covers and secufes to him the exclusive right to apply that operatiO.t;l. t.;> sUtted steel bands, for the pur'vose of removing the burr, is preposterous. There is not a scintilla. of evidence to show that defendant curls the sharp edges or burrs over upon themselves, either by the use of grooved rollers or, other mechanical equivalents. If funning the strip between :flat rollers will of itself produce the "curl· ing over," wbich was the alleged improvement of Cary'i:l patent, then the patentee invented nothing except an unnecessarily complicated machine for producing a result already secured in a more simple manner. The evidence shows that defendant's strips pass through flat rollers only. These would throw down any burr to a position flat with the strap. Afterwards defendant's strap. is ,coiled up on a winder between flanges of iron on each side to guide the strap, the flanges being three·fourths of an inch apart, and the strap five-eighths of an inch wide. The suggestion 9f, the patentee that this operation produces the "curling over" accomplished by l;J..is grooved rollers is not persuasive. On these two patents there must be a decree for defendant. . The third pat,ent, No. is for an improvement in reels for box straps. Precisely what it. is will be apparent from the drawings and specification: '
"0 Is a spool journllled to revolve freely iJpon 8 shaft, c, in a frame, D. This frame, D, consists of two arms, d and d l , which extend from the shaft, c, parallel to each other, to a point somewhat beyond the line of the circum· ference of the intended coil of strap upon the spool, and which are united
CARY MFG. cd. V. DE HAVEN.
together at their extended or oute]!' ends, as shown at dt. In each said outer end is formed an opening, dS, the openings registering wIth each other in lloth said ends, as ,shown. The said jjl"ame,p, may be convenIently formed of a metal band bent upon Itseif flatwise 'about midway itlj ends, to consti· tute the two parallel arm,s, d and dl,and the shaft, c, may be seated In the free ends of the band,'the openings, dS, being punched In the band near Its bend, as shown. The' shaft, c, Is a hollow shaft, as shown, and the annS, distant. from each other to permit the spool, C, to d and d l , are revolve on Its shaft between them, as shown. A box strap of metal is coiled flatwise on the spool, C, and when the coil Is complete, as described, a pin or nail, f, may be into the corresponding openings, dS, in the outer end of the frame, so that the end of the coil may rest against or be turned backward over said pin, as shown in ]fig. 1, and the resillency or spring·like action or tendency of the entire colI acts to press the strap end against said pin snugly, and hold the colI firmiy in position on the spool and In the frame. Thus' colled and held, the strap Is adapted for transportation. It Is designed and Intended that the coiled strap in the described frame reel shall be mount· ed, at the place Where it is severed, into definite desired lengths for saie or use, upon s.ome .convenient support, as the side of a shop-counter or a post. To accomplish this, the reel is mounted upon the support-such as Is shown at E-by driVing a nall or pin, fl, through the hollow shaft, c, and into the support, and driVing a nail or pin, f, through the corresponding openings, dS, In the frame and Into: the support, as· shown. By thJs means the framed reel is held firmly In position on the support, and the spool and coil are free to revolve on the shaft, c, of the former in um'eeling the strap. Furth'.rmore, the fastening nails, together with the hollow shaft, c, may b·· made to serve to drawot' hold the sides, d, d l , of the frame closely to the edges of the strap coU, so as to hold the strap from uncoiling without the exertion of force by the operator on the free end of the. coil. The strap coil will also, by Its resiliency as it Is uncolled, when not held by the frame side, d,. d l , be carried against and held by the pin, f, and'. prevented from unreeling."
A modified form is alsQ shown in drawings and specification, wherein the frame, D, extends entirely across the strap coil, being a mere 4;luplicatioii of the device, above described. The first claim of the patent covers 'the single or radial frame; the second claim covers the double frame, and infringement of such claim is not disputed. It reads:
"(2) A reel for metal box straps, consisting of a spool, C, adapted to have the metal strap COiled upon It, an axle, c, upon which said spool is journaled, and a frame, D, composed of arms,d andcl,1, in which said axle is mounted, and which extend diametrically across said spo:,J. and reach III opposite directions beyond the rim thereof, as described, and are united at their' outer ends, and therein have the respective corresponding openings, da andd 4 , ,adapted to receive fastening pins, substantially as and for the purpose set forth."
Three prior patents are cited in defense: Cockcroft, No. 193,487, July 24, 1877; Leistner, No. 233,358, October 19, 1880; and Keuffel, No. 338,602, March 23, 1886.. of 'them is claimed to be a complete anticipation, but it is.contended that they show the state of the art to be such as to preclude the court from finding patentable invention in the Cary reel. Complllinant's brief epitomizes what was wanted when Cary entered the field, viz.:
"Something cheap, which would hold the coil In shape for shipping; not interfere with Its handling during'that operation; be readily secmed in such position that the straps might be .uncoiled and used, a little at a time; permit its ready uncoiling theJJ., but hold the' coil with a tension during the uncoiling of so much as was needed at the time, that too much might not run off; , and also hold it frOm uncoiling during the time the strap was not being used," .
Thatrthe patentee's device secures ,9111 rthese advantages is apparent from, the specification and drawings; Some 'of these· advantageijf .were ,'by' like already employed Sl;1ch tM patentee's instrumentalities are obviously those of an ,ordiJ:iary skilled Thus, a .radial arm, bent over 80 as to clasp the rolland prevent its slipping off the reel, is S'hown in Cockcroft,'a1i(l the use of double arms:issuggested. The holIowsenter axle Ulillso found in the art, and it certainly was not iriveiithm to punch' nall holes in the arnis, so as, to fasten the ,device against a post, nor to bend the. ,end of ,the coil over a nail to keep it 'from reeling out'when not in 'use.. Nowhere hl the prior art, however,' is, there found t)ie device ,for ''braking,'' whereby the arms are tightened upon the ,coil or loosened if required., In view of the evidence' as to the favorable reception,accorded by the trade to tile cary reel, I am not prepared to hold that there was no invention iIi. his combination, which obtains from the old instrumentalities this novel function, besides their old and obvious ones. The is an extremely narrow one. It would not be infringed by defendant's device if the latter had its arms rigid against compression, so that they cOl;1ld not act as a brake; but, on proof as it stands, the combination of claim 2 to, 'exhibit patentable novelty, and it is certainly convenient and useful. . The 'Claim does not ,specifically set forth this element of the combination functionally" but the reference therein to the "openings therein, d a and d 4, adapted' to' receive for the purpose set. forth," is suffastening pins, substantially, ficient to warrant the court in reading into the claim, in order to patent, the fUIlction set forth, in the specification in the uphold sentence beginniIlg, "Furthermore, the 'fnstening liails," etc. Complainant may, therefore, take the usual decree on claim 2 of this patent. No costs to either side.
r " , ' ,
UNION HARROW CO. v. ROBERT O. REEVEg CO. (Oircult Court, S.'1); New July 22. 1898.)
PATENTS-INVENTION-HARROWS AND CULTIVATOR&.
The La DQwpatent, No. 301,729"forlmprovements In disk-harrows, conslstl;I/gmainly In the Interposition of buffer-heads or eqnlvalent mechanism between the inner ends of the disk-gangs for receh:i\lg their side thrust without coupling the axles toge,ther, held to Involve patentab:e In" I vention.
This was, a suit inequity ))ytJ1e Union ,Company against the Robert C. Reeves Company for alleged l,DfrlDgement of a patent. Final hearing on pleadings fiqd', proofs. ''.. ' , John M. Gardner, Emanuel Jacobus, for 4efendant. Circuit Judge. The pati:!nt in suit is No. 301,729, is.sued July 8, 1884, to complainant's asl'rignor, one Charles La Dow. The specification states that the ,,' ,to wheel-harfow8 In ;whl;eh mechaplsm Is employed
for reducing friction, and for adjusting the angles of the disk-gangs, and also for adapting the gangs to better conform to the Irregularities of the soIL
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