Torrent Arms Lumber Co v. Rodgers

• Decision Date: 22 December 1884
• Citation: 5 S.Ct. 501,112 U.S. 659,28 L.Ed. 842
• Parties: TORRENT & ARMS LUMBER CO. v. RODGERS
• Court: U.S. Supreme Court

112 U.S. 659

5 S.Ct. 501

28 L.Ed. 842

TORRENT & ARMS LUMBER CO. v. RODGERS.

December 22, 1884.

B. F. Thurston, Geo. W. Dyer, and R. A. Parker, for plaintiff in error.

C. C. Chamberlain, for defendant in error.

WOODS, J.

This was an action at law brought June 25, 1879, by Alexander Rodgers, the defendant in error, against the Torrent & Arms Lumber Comp ny, the plaintiff in error, to recover damages for the infringement of reissued letters patent for 'a new and improved machine for rolling saw-logs,' dated June 25, 1873, granted to Rodgers as the assignee of Esau Torrent, the original patentee. The lumber company pleaded the general issue, with notice that, among other things, it would give in evidence, and insist in its defense, 'that the said patentee and his assignee, the plaintiff, unjustly obtained the reissued patent for matters and principles embraced in such reissue not included in the original patent or specification therefor, and for what was in fact invented by another, to-wit, John Torrent, of the city of Muskegon, who was using reasonable diligence in adapting and perfecting the same;' that John Torrent 'made his application for a patent therefor on January 29, 1873, and his patent was granted August 12, 1873, and the plaintiff and his assignee had knowledge prior to the application for such reissue of the aforesaid application for patent by the said John Torrent, and the said principles so patented by the said John Torrent had (by him) been used at the city of Muskegon, aforesaid, by said John Torrent and others.' Upon the trial in the circuit court, Rodgers, to maintain the issue on his part, introduced in evidence the original letters patent, dated August 25, 1868, granted to Esau Torrent for 'a

new and improved machine for rolling saw-logs,' the assignment of said letters patent by the patentee to Rodgers, and the reissued letters patent granted to Rodgers as the assignee of Torrent, applied for June 25, 1873, and issued and dated July 15, 1873.

The specification and claims of the original and reissued patents were both illustrated by the annexed drawings. The original specification is here reproduced, so as to show the changes made in the reissue. The parts in italics are found in the reissue and not in the original, and the parts inclosed in brackets are found in the original and not in the reissue:

'Be it known that I, Esau Torrent, of Muskegon, in the county of Muskegon and state of Michigan, have invented a

new and improved machine for turning [rolling saw] logs; and I do hereby declare that the following is a full, clear, and exact description thereof, which will enable others skilled in the art to which it appertains to make and use the same; reference being had to the accompanying drawings forming [a] part of this specification:

'Fig. 1 is a side view of my improved machine, parts of the frame being broken away to show the construction. Fig. 2 is a detail sectional view of the same taken through the line, x, x, of Fig. 1. Similar letters of reference indicate corresponding parts in the different figures of the drawing. My invention has for its object to furnish an improved device for turning or rolling logs to or upon the carriage of circular or other saw-mills, which shall be simple in construction, effective in operation, and conveniently operated; and it consists in the application for that purpose of a toothed bar connected with means for giving it the necessary movement; and, further, in the construction and combination of the various parts, as hereinafter more fully described. A represents [a part of] the frame-work, and B [represents] the log carriage of a [an ordinary] saw-mill [about the construction of which parts there is nothing new.] C is a [an upright] bar having teeth, c¹, attached to its forward side, and which [moves up and down between the posts, D, attached to the frame, A,] has a vertical as well as horizontal movement, controlled by suitable guides. The lower end of the toothed arm, C, is pivoted to and between two blocks, E, which moves up and down in grooves in the inner sides of the posts, D, as shown in Fig. 2, and in dotted lines in Fig. 1. This construction enables the upper end of the [upright] bar, C, to move back and forth to adjust itself to the size of the log to be rolled or turned upon the c rriage, B, and also to enable the teeth, c¹, to pass the log when the bar is descending in the inner sides of the posts, D, as shown in Fig. 2, and in dotted lines in Fig. 1. This construction enables the upper end of the [upright] bar, C, to move back and forth to adjust itself to the size of the log to be rolled or turned upon the carriage, B, and also to enable the teeth, c¹, to pass the log when the bar is descending. To the rear side of the lower end of the bar, C, is attached, or upon it is formed, a block, arm, or projection, c², to which is attached the end of the rope or chain, F, by means of which the said [upright] bar, C, is raised to turn the log. This manner of attaching the hoisting chain forces the upper end of the said bar, C, forward, causing the teeth, c¹, to take a firm [firmer] hold upon the log to be rolled. The chain or rope, F, passes over a pulley, G, secured in a proper position [immediately] beneath a log deck, H, and thence down to the barrel or drum, I upon [of] the shaft, J, to which one [its] end of it is securely attached. Upon [To] the shaft, J, is also attached the large friction pulley, K, to which motion is given by the small friction pulley, L, secured upon [attached to] the shaft, M, to which shaft is also attached the pulley, N, by means of which motion is communicated to the apparatus from the driving power of the mill. One end of the shaft, M, works in stationary bearings attached to or connected with the frame of the mill, and its other end works in bearings secured upon [attached to] the bridge-tree, O, one end of which is pivoted to the frame, A, and the other [end of which] rests upon the cam, P, of the cam-shaft, Q, so that by means of said cam-shaft the bridge-tree, O, may be raised or lowered to bring the friction-pulley, L, into or remove it from contact with the friction-pulley, K. R is a brake-bar which may be made of wood or other suitable material. One end of this [the] brake-bar [R] is pivoted to the frame, A, or [to] some other suitable support, and its other end is connected with one [the] end of the bridge-tree, O, by the bar, S, so that as the friction-pulley, L, is moved away from the [friction] pulley, K, the brake may be applied to the friction-pulley, K, either to hold the bar, C, stationary, or to allow it to descend with any desired rapidity. To one end of the cam-shaft, Q, is attached a lever or arm, T, having a weight, U, suspended from its end, which may be regulated so as to hold the friction-pulley, L, against the [friction] pulley, K, with any desired force. The lever or arm, T, may be operated to throw the friction-pulley, L, into or out of gear with the friction-pulley, K, by means of levers or cords, as may be desired or found most convenient.

'Having thus described my invention, [what] I claim as new and desire to secure by letters patent [is]——

'1. The toothed-bar herein described, operating substantially in the manner and for the purpose specified.

'[1] 2. The toothed-bar, C, pivoted at its lower end between the blocks, E, which are adapted to slide in vertical grooves formed in the posts, D, whereby the said bar, C, is rendered ver- tically movable and capable of adjustment to suit logs of different sizes, substantially as herein set forth [and shown.]

'3. The combination [arrangement] of the pivoted brake, R, connection, S, and pivoted bridge-tree, O, [in which is formed the outer bearing for shaft, m,] substantially as herein shown and described, [whereby pulley, L, is removed from contact with pulley, K, and the brake brought into contact with the latter and vice versa simultaneously, as herein set forth.]

'[2] 4. The combination with [and arrangement with relation to] the bar, C, of the cord or chain, F, pulley, G, shaft, J, drum, I, friction-pulleys, K, L, and adjustable shaft, M, [all] substantially as set forth [and shown.]

'[4] 5. The combination [arrangement] of the...