WOLLENSAK V. REIHER

• Decision Date: 04 May 1885
• Citation: 115 U. S. 87
• Court: U.S. Supreme Court

Wollensak v. Reiher

Argued April 14-15, 1885

Decided May 4, 1885

115 U.S. 87

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

In view of the state of the art existing at the date of the patent granted to John F. Wollensak for an improvement in transom lifters by original patent No. 136,801, dated March 11, 1873, and by reissued patent No. 9,307, dated July 20, 1880, and the claims of that patent, it must be limited to a combination, with a transom, its lifting arm and operating rod, of a guide for the upper end of the operating rod, prolonged beyond the junction with the lifting arm, so as to prevent the operating rod from being bent or displaced by the weight of the transom, and it is not infringed by the device secured to Frank A. Reiher by patent No. 226,33, dated April 6, 1880.

This was a bill in equity to restrain infringements of a patent. The facts are stated in the opinion of the Court.

MR. JUSTICE MATTHEWS delivered the opinion of the Court.

This bill in equity was filed by the appellant to restrain the alleged infringement by the defendant of reissued letters patent No. 9,307, dated July 20, 1880; the original patent, No.

Page 115 U. S. 88

136,801, dated March 11, 1873, having been issued to John Wollensak, the appellant, for an alleged new and useful improvement in transom lifters. This appeal is from a decree dismissing the bill for want of equity.

The specifications and drawings of the patent are as follows:

"Figure 1 is a perspective view showing one means for carrying my invention into operation; Fig. 2 is a side elevation of the same, and Fig. 3 is a detached sectional view."

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"Similar letters of reference in the several figures denote the same parts."

"Transom lifters have heretofore been constructed with a long upright rod or handle, jointed at its upper end to a lifting arm which extends to and is connected with the side or edge of the transom sash, the sash being opened or closed by a vertical movement of the long rod. When thus constructed, the upright rod is liable to be bent by the weight of the transom

Page 115 U. S. 89

owing to the want of support at or near the point of junction between the long rod and the lifting arm."

"The object of my invention is to remedy this difficulty, and to such end it consists in providing the proper support, or support and guide, for the upper end of the lifting rod during its vertical movements and while at rest."

"This may be accomplished in a variety of ways, one of which I will now proceed to describe in detail, although I wish it clearly understood that I do not limit my invention to this construction, but regard it as covering broadly any construction, combination, or arrangement of parts which shall support the long or operating rod and prevent it from being bent or displaced by the weight of the transom."

"In the drawings, D is the door; T the transom sash, pivoted at top, bottom, or middle, as preferred; A the lifting arm that connects the sash to the upright rod, passing through two guides G G', one above and one below the point of junction with the lifting arm; R a friction roller, secured to the lifting rod so as to bear against the wall and support said rod at its point of junction with the lifting arm; n n notches cut in the upright rod to receive the end of the set screw, and s a set screw, arranged, in connection with the lower guide and the rod U so as to be convenient of operation for the purpose of fixing the transom at any required angle. The upright rod is thus supported at three points, to-wit, above, below, and at the joint where it sustains the weight of the transom. It can also be adjusted and securely fastened so as to open the sash as much or as little as may be desired and to lock it in that position."

"Having thus described my invention, what I claim as new is:"

"1. The combination, with a transom, its lifting arm and operating rod, of a guide for the upper end of the operating rod to prevent it from being bent or displaced by the weight of the transom."

"2. The roller R arranged at the junction of the lifting arm A and upright rod U in a transom lifter, substantially as and for the purpose described. "

Page 115 U. S. 90

"3. The guide G', arranged above the junction of the lifting arm and upright rod, in combination with the prolonged rod U, the guide G, and arm A, substantially as and for the purpose specified."

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The defenses relied on were that the alleged invention was not patentable; that it had been anticipated by Bayley and McCluskey, to whom a patent had been granted dated July 7, 1868, No. 79,541, for an improvement in railroad car ventilators, and that the defendant's device, secured to him by a patent dated April 6, 1880, No. 226,353, did not infringe that of the appellant.

Page 115 U. S. 91

The specification and drawings of the appellee's patent are as follows:

"My object is to construct a lifter which will always be ready for use and answer equally well for all kinds of transoms, no matter how the same may be hinged, without exchanging or altering any of the parts, in a simple and durable manner. In the drawings forming part of this specification, "

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Figures 1 and 2 show a front view and side elevation of my lifter attached to a transom hinged below. Figs. 3 and 4 show the lifter for transoms hinged above. Fig. 5 shows a front view of the lifter attached to a ventilating opening hanging obliquely. Fig. 6 shows the lifter attached to a transom hinged sidewise. Fig. 7 shows the lifter attached to a skylight. Fig.

Page 115 U. S. 92

8 shows a front view; Fig. 9 a vertical longitudinal section, and Fig. 10 an inverted plan of the casing. Figs. 11 and 12 show the top of lifting rod with adjusting block. Fig. 13 shows the lower part of the lifting rod with handle attachment.

"Like letters of reference indicate like parts."

"The casing A, which is screwed to the door frame, is provided on the front plate with a long slot a. Sliding loosely up and down in this casing A is the adjusting block B, which protrudes by the ear b, forming part of this block, through slot a. Affixed to block B is the lifting rod C in such a manner as to allow the rod to turn in said block. For this purpose, the block is provided with a wide slot, and shown in Figs. 9 and 12, into which fits loosely the pin d, which penetrates the rod C. Attached to the transom in a position which is regulated by and depends upon the manner of hinging the same at about midway between the outer swinging point and the center of hinge, is the bracket or loop D. Attached to this loop is the connecting link or arm E which connects at its other end to the ear b of the adjusting block."

"A look at the drawings will show that the upward or downward movement of the adjusting block, caused by the respective movement of the lifting rod, will be followed by a swinging movement the transom on its hinges, through the agency of the universal link or arm E."

"The inner face of the casing A (shown in Fig. 9) is provided with a series of notches e. The upper end of the rod C is provided with a spiral spring F which, resting at one end in the hole f of the adjusting block B is affixed at...