Summary
In Newton v. Furst and Bradley Co., 119 U.S. 373, there was a delay of more than thirteen years, and the defendant had begun in the meantime to make machines of the pattern complained of.
Summary of this case from Topliff v. TopliffOpinion
Argued December 3, 1886. Decided December 13, 1886.
The first claim of reissued letters-patent No. 8986, granted to Robert Newton, December 2d 1879, for an improvement in gang-ploughs, (the original patent, No. 56,812, having been granted to F.S. Davenport, as inventor, October 9th, 1886,) namely, "1. In a wheel-plough, the combination, with a swing-axle and ground or carrying-wheel, of friction-clutch mechanism, and means for engaging and disengaging the latter with the ground or carrying-wheel, said parts being constructed and adapted to raise the plough by locking the swing-axle to the carrying-wheel by friction-clutch engagement, and raise the plough-beam by the draft or power of the team, substantially as set forth," is, in view of the state of the art at the time of the invention of Davenport, not infringed by an apparatus in which the axle and the friction-clutch mechanism are different, as devices, from those of the patent. The first claim of the reissue is invalid, the reissue having been applied for more than thirteen years after the original patent was granted, and after the defendant had begun to make machines of the pattern complained of. The defendant's machine did not infringe the original patent, and the reissue was taken to cover it.
Mr. Lewis L. Coburn for appellant.
Mr. L.L. Bond for appellees.
This was a bill in equity to recover for the infringement of letters-patent. The case is stated in the opinion of the court.
This is a suit in equity brought in the Circuit Court of the United States for the Northern District of Illinois by Robert Newton against the Furst and Bradley Manufacturing Company and others, to recover for the infringement of reissued letters-patent No. 8986, granted to the plaintiff, December 2d 1879, on an application, filed October 15th, 1879, for an improvement in gang-ploughs, (the original patent, No. 56,812, having been granted to F.S. Davenport, as inventor, October 9th, 1866).
The specification and claims of the original, and those of the reissue, and the drawings of the reissue, are as follows, the parts in each which are not found in the other being in italic:
Original Reissue gang wheel in which
. . "Be it known that I, F.S. "Be it known that I, F.S. Davenport, of Jerseyville, Jersey Davenport, of Jerseyville, Jersey county, and State of Illinois, county, and State of Illinois, have invented a new and have invented a new and improved -plough; and I improved -plough; and I do hereby declare that the following do hereby declare that the following is a full, clear, and exact is a full, clear, and exact description thereof, which description thereof, which will enable others skilled in will enable others skilled in the art to make and use the the art to make and use the same, reference being had to same, reference being had to the accompanying drawings, the acompanying drawings, [p. 376] forming part of this forming part of this specification. specification, — [See page 376.]The object of my invention is to provide improved means for utilizing the draft of the team in raising a plough from the ground; and to this end my invention consists, first, in the combination, with a swing-axle and ground or carrying-wheel, of friction-clutch mechanism and means for engaging and disengaging the latter with the ground or carrying-wheel, said parts being constructed and adapted to raise the plough by locking the swing-axle to the carrying-wheel by friction-clutch engagement, and raise the plough-beam by the draft or power of the team; second, in the combination, with a ground-wheel, a swing-axle, and a plough-beam connected with the latter, of clutch mechanism connected to the axle and adapted by engagement with the wheel to utilize the draft of the team in turning the swing-axle into upright position, and thereby raise the plough-beam; third, in the combination, with a ground-wheel, a swing-axle, and a plough-beam connected to the latter, of a friction-clutch connected to the axle and adapted, by contact with the wheel, to turn the axle into upright position, and thereby raise the plough-beam by the aid of the draft of the team
.
Referring to the drawings is x x x x is y y y y a a a a b b b b an iron axle, c, attached to a a journal, c, of swing-axle hinged board axles, c journals, c hinged board swing-axle
Figure 1 is a plan or top view of my invention; Fig. 2, [p. 376], Figure 1 is a plan or a side view of the same, partly top view of my invention; Fig. in section, as indicated by the 2 a side view of the same, line , Fig. 1; Fig. 3, a transverse partly in section, as indicated vertical section of the by the line , Fig. 1; Fig. 3 same, taken in the line , a transverse vertical section of Fig. 1. Similar letters of reference the same, taken in the line , indicate like parts. [See Fig. 1. Similar letters of reference page 376.] indicate like parts. This machine consists of a This machine consists of a frame, A, made of two parallel frame, A, made of two parallel beams or bars, , braced beams or bars, , braced together near the front and together near the front and back pieces, . From each back pieces, . From each of these beams or bars depends of these beams or bars depends a plough, B. To the front cross-piece a plough, B. To the front cross-piece is bolted an iron standard, is bolted an iron standard, C, strengthened by an C, strengthened by an iron stay, D, running down to iron stay, D, running down to the back cross-piece. To the the back cross-piece. To the top of the standard, C, is attached top of the standard, C, is attached a spring seat, E, the a spring seat, E, the whole supported upon two whole supported upon two wheels, F F, each turning upon wheels, F F, each turning upon a , , G. G. It will be observed that one It will be observed that one of the , is attached to of the , is attached the front or upper side of the to the front or upper side of , G, and the other the , G, and the to the back or under side, in other to the back or under such a manner that when it is side, in such a manner that turned down in a horizontal when it is turned down in a position to lower the ploughs horizontal position to lower to the ground, the wheel that the ploughs to the ground, the runs in the furrow will be as wheel that runs in the furrow much lower than the other as will be as much lower thanaxle journal hinged board bolted swing-axle be secured hinged board swing-axle board d d e e hinged board swing-axle e e
the depth of the furrow may the other as the depth of the require. The that carries furrow may require. The the wheel that runs in the furrow that carries the wheel is so formed that it may that runs in the furrow is so be removed from the back of formed that it may be removed the and to from the back of the the front, so that the machine and to the front, may run level when there is so that the machine may run no furrow for the wheel to run level when there is no furrow in, as is the case when preparing for the wheel to run in, as is the ground for cotton seed. the case when preparing the ground for cotton seed. The G is attached The G is attached to the plough-frame by to the plough-frame by two two iron hinges, H H', the one iron hinges, H H', the one H H on the side of the long beam on the side of the long beam forming an arm or lever, I, to forming an arm or lever, I, which is attached a chain, J, to which is attached a chain, which passes over a wheel, K, J, which passes over a wheel, and is made fast to the plough-frame. K, and is made fast to the The wheel K turns plough-frame. The wheel K upon a stud in the end of a turns upon a stud in the end lever, L, this lever being bolted of a lever, L, this lever being to the foot-board M, which is bolted to the foot-board M, hinged to the plough-frame in which is hinged to the plough-frame the same manner and at the in the same manner same place as the axle- and at the same place as the G. To the opposite end of axle G. To the opposite end the foot-board is bolted a of the foot-board is bolted a bracket or stop, , against bracket or stop, , against which rests an arm, , by which rests an arm, , by which the G is which the G is operated, the arm being held operated, the arm being held in the vertical position by a in the vertical position by a latch, N, which is lifted by latch, N, which is lifted by placing the foot on the back placing the foot on the back part of it. part of it. Now, it will be seen that to Now, it will be seen that toploughs plough e f e f roller, g stop, g the e e hinged board swing-axle hinged swing-axle board
lower the to the ground lower the to the ground it is only necessary to bring it is only necessary to bring down the arm till a block, , down the arm till a block, , which is bolted to its side, which is bolted to its side, rests rests upon a , of a upon a , of a lever, O, lever, O, which is secured in which is secured in the required the required position by a position by a notched notched quadrant, N. It will quadrant, N. It will be observed, be observed, that, as the lever that, as the lever O is O is moved forward from moved forward from notch notch to notch, the ploughs will to notch, the ploughs will cut cut deeper and deeper, and the deeper and deeper, and the reverse as it is drawn back. reverse as it is drawn back. By these details the driver has By these details the driver entire control of the depth of has entire control of the depth the furrow without moving of the furrow without moving from his seat or stopping the from his seat or stopping the machine. machine. Through a mortise in the Through a mortise in the top of arm passes a small top of arm passes a small iron lever, P, to which is iron lever, P, to which is attached a rod, Q, connecting attached a rod, Q, connecting it with a brake, R, which acts it with a brake, R, which acts upon one of the wheels F, the upon one of the wheels F, the brake R working upon a pin brake R working upon a pin fixed in a block of wood or an fixed in a block of wood or iron plate fastened to the an iron plate fastened to the front side of the front side of the G. G. The object of this brake The object of this brake is to is to facilitate the operation facilitate the operation of lifting of lifting the ploughs out of the ploughs out of the the ground when the machine ground when the machine is is moving forward, for by moving forward, for by applying applying but a little force to but a little force to the the lever P the brake is lever P the brake is pressed pressed sufficiently hard to sufficiently hard to the wheel the wheel to turn the to turn the to the to the vertical position. vertical position.x a a x b it b x as slots the tongue hinged board swing-axle
The draft-pole or tongue C† The draft-pole or tongue C is fastened to the under side is fastened to the under side of the foot-board M by two of the foot-board M by two bolts, †, a number of holes bolts, , a number of holes being made, so that the tongue being made, so that the tongue may be moved to the right or may be moved to the right or left to give the required land left to give the required land to the ploughs. The back holes to the ploughs. The back holes † are made oblong, so that are made oblong , so can be slanted when needed. that can be slanted The tongue may, if necessary, when needed. The tongue be used on either side of the may, if necessary, be used on draft-line, and the double tree either side of the draft-line, attached to the foot-board and the double tree attached independent of the tongue. to the foot-board independent This arrangement is chiefly of the tongue. This arrangement for the convenience of using is chiefly for the convenience three horses abreast. of using three horses abreast. When the G When the G is is turned down in the horizontal turned down in the horizontal position the lever or arm I position the lever or arm I gives the chain J, which is gives the chain J, which is attached to it, considerable attached to it, considerable slack, allowing the tongue to slack, allowing the tongue to move up and down without move up and down without influencing the ploughs, constituting influencing the ploughs, constituting what is commonly called what is commonly `a limber tongue.' called a `limber tongue.' In regard to raising the In regard to raising the ploughs out of the ground, it ploughs out of the ground, it will be observed that the will be observed that the front front part of the machine is part of the machine is lifted lifted nearly two-thirds of its nearly two-thirds of its course course before the lever I tightens before the lever I tightens the the chain and commences chain and commences to lift to lift the back part. This the back part. This contrivance contrivance produces an easy produces an easy motionx x Having fully described my invention, what is The lever P, rod Q, and In a wheel-plough, the brake R, arranged and operated combination, with a swing-axle as and for the purpose and ground or carrying-wheel described of friction-clutch mechanism The hinged board G, in and means for engaging and connection with the reversible disengaging the latter with the axles, substantially as and for ground or carrying-wheel, said the purpose described parts being constructed and The lever O and quadrant adapted to raise the plough by N, for regulating the locking the swing-axle to the depth of the furrow, substantially carrying-wheel by friction-clutch as and for the purpose engagement, and raise specified the plough-beam by the draft or Lifting the hind part of power of the team, substantially the machine by means of the as set forth lever or arm I, in connection In a wheel-plough, the combination with the chain J, wheel K, and with a ground-wheel lever L, these parts operating a swing-axle, and a plough-beam together, substantially as and connected to the latter, of clutch-mechanism for the purpose described connected to the Hinging the foot-board axle, and adapted, by engagement
motion, without causing either without causing either jerk or jerk or strain upon the horses strain upon the horses or the or the machine. machine. The hind plough can be The hind plough can be raised or lowered independent raised or lowered independent of the other, the standard B' of the other, the standard B' sliding in an iron block, O†, sliding in an iron block, O, and operated by a lever, A†, and operated by a lever, A, extending forward to the front extending forward to the front of the seat, and secured in the of the seat, and secured in the required position by notches required position by notches in in the side of the seat-standard, the side of the seat-standard, as shown in Fig. 3. as shown in Fig. 3. I claim as new and desire to secure by letters-patent — I claim as new, and desire to secure by letters-patent, — 1. 1. , . , 2. . 3. . 4. . 2. , , . 5.M to the plough-frame, as described with the wheel, to utilize the draft of the team in turning Securing the tongue or the swing-axle into upright draft-pole to the foot-board M position, and thereby raise the in the manner and for the purpose plough-beam, substantially as described set forth The sliding plough-standard In a wheel-plough, the combination B', guide-block O†, lever with a ground-wheel A†, and notched seat-standard a swing-axle, and a plough-beam C, when used together and in connected to the latter, of a connection with the other parts friction-clutch connected to the Connecting the lever L axle, and adapted, by contact with the tongue or draft-pole with the wheel, to turn the axle by fastening it to the foot-board into upright position, and the whole operating together thereby raise the plough-beam substantially as and for by aid of the draft of the team the purpose set forth." substantially as set forth."
. 6. , . . 7. 3. , , . 8. , , , The answer sets up, among other defences, non-infringement; and that the reissued patent is invalid because not for the same invention as the original. On a hearing on proofs, the Circuit Court entered a decree, which finds that the equities are with the defendants, and that they do not infringe on the rights of the plaintiff, and dismisses the bill. The plaintiff has appealed to this court.By the opinion of the Circuit Court in the case, 11 Bissell, 405, it appears that the defences of non-infringement and of the invalidity of the reissue were sustained. Infringement is not asserted in this court as to any claim of the reissue but the first.
In regard to the subject-matter of that claim, the specification of the reissue states that the invention consists "in the combination, with a swing-axle and ground or carrying-wheel, of friction-clutch mechanism, and means for engaging and disengaging the latter with the ground or carrying-wheel, said parts being constructed and adapted to raise the plough by locking the swing-axle to the carrying-wheel by friction-clutch engagement, and raise the plough-beam by the draft or power of the team." The first claim of the reissue uses the same language, with the prefix of the words "in a wheel-plough," and the addition, at the end, of the words "substantially as set forth."
The other alterations made in the specification are, that " gang-plough" is changed into " wheel-plough;" " iron axle" into " journal;" and " hinged board" into " swing-axle."
The first claim of the original patent is for a combination of the lever P with the rod Q and the brake R. When force is applied to the lever P, motion is communicated through the rod Q to the brake R, which brake acts on the periphery of one of the two supporting or carrying-wheels F, the axle of which, c, is attached to a hinged board G, and by the action of the brake the hinged board is changed from a horizontal position to a vertical position, and the effect is to facilitate the operation of lifting the ploughs out of the ground. The first claim of the original patent covers only the combination of the three specific devices — the lever P, the rod Q, and the brake R. The first claim of the reissue calls the brake R "friction-clutch mechanism," and calls the lever P and the rod Q "means for engaging and disengaging the latter with the ground or carrying-wheel," and then claims the combination of four things — (1) friction-clutch mechanism; (2) means for engaging and disengaging it with the ground or carrying-wheel; (3) a swing-axle; (4) a ground or carrying-wheel.
The hinged board G of the plaintiff's original patent is ten or twelve inches wide, and at each end of it is a spindle for one of the two ground or carrying-wheels to run on, the spindles being in line with one edge of the hinged board. The forward ends of the plough-beams are attached by joints to what is the back edge of the hinged board while that board is horizontal, so that when it comes to be vertical by the action of the brake and the forward movement of the team, the forward ends of the plough-beams are raised in height a distance equal to the width of the hinged board, lifting the ploughs.
The defendants' machine is thus described in the opinion of the Circuit Court, and the description is conceded by the counsel for the plaintiff to be a fair one: "The defendants' machine is a wheel or sulky plough, with a bent or cranked iron axle, upon which the plough-beams are pivoted at about two-thirds of the distance from the forward end to the coulter, so that the plough is nearly balanced upon the axle or crank, and the arrangement of the mechanism is such, that when the plough is running or operating in the ground, the crank part is in a horizontal position, and, when it is desired to raise the ploughs out of the ground, the crank is turned upward towards a vertical position, whereby the forward ends of the beam are raised until the point of the plough runs out of the ground. After the forward end of the beam has risen to a certain point, it strikes a stop, so that, when the crank has assumed a vertical position, the plough is balanced across the crank part of the axle, thus sustaining the plough at the height above the ground of the crank when in a vertical position. This turning of the crank-axle, so as to lift the plough, is accomplished by a friction band or brake, which is made to engage with an inner extension of the hub of one of the carrying-wheels, so that, as the wheel moves forward, it causes the crank-axle to turn upwards from a horizontal to a vertical position."
The Circuit Court was of opinion, that, if the state of the art was such as to entitle Davenport to a broad claim for any device by which the plough is lifted by the power of the team through a brake or friction-clutch, the defendants' machine would infringe. But the court found that, prior to Davenport, devices had been used in agricultural implements for utilizing by means of a brake the motion of the carrying-wheel, through a crank-axle, in raising operative parts of the machine from the ground, which devices were so alike in structure and so analogous in use to those of Davenport, as to require his claims to be limited to his specific devices. In view of those prior devices the Court held that the defendants' friction-band could not be regarded as the same means for engaging and disengaging the carrying-wheel and the axle as the brake of Davenport; and that the defendants' crank-axle was not the plaintiff's hinged board. In these views we concur.
The reissue was applied for more than thirteen years after the original was granted, and after the defendants had begun to make machines of the pattern now complained of. The original patent did not make a swing-axle and a carrying-wheel elements in the combination of the first claim of that patent. The reissue was evidently taken to cover the defendants' machine, which did not infringe the first claim of the original patent, because it did not have the Davenport brake R. No mistake or inadvertence is shown. The plaintiff, in his testimony as a witness, assigns as a reason for the reissue, that he thought there "was a mistake and a deficiency in the patent;" that he did not consider that other manufacturers respected it; that he considered it deficient because it applied the friction-brake to the periphery of the wheel; and that he believed the patent was entitled to cover different friction-clutch devices, so as to be a better protection against infringers.
Without pursuing the subject further, we are of opinion that, within numerous decisions of this court, the reissued patent is invalid, as respects its first claim.
Decree affirmed.