119 U.S. 652 (1887), Ives v. Sargent

Citation:119 U.S. 652, 7 S.Ct. 436, 30 L.Ed. 544
Party Name:IVES v. SARGENT. [1]
Case Date:January 10, 1887
Court:United States Supreme Court
 
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Page 652

119 U.S. 652 (1887)

7 S.Ct. 436, 30 L.Ed. 544

IVES

v.

SARGENT. 1

United States Supreme Court.

January 10, 1887

Appeal from the Circuit Court of the United States for the District of Connecticut.

COUNSEL

[7 S.Ct. 436] H. T. Blake, for appellant, Ives.

J. S. Beach and John K. Beach, for appellee, Sargent.

OPINION

MATTHEWS, J.

This is a bill in equity filed by the appellant to restrain the alleged infringement of the complainant's rights, as the assignee of Frank Davis, of reissued letters patent No. 9,901, for an improvement in door-bolts. The original patent was No. 202,158, dated April 9, 1878. The application for the reissue was filed April 1, 1881, the reissued letters patent being dated October 18, 1881. The alleged infringement is of the third and fourth claims. As the case turns wholly upon the validity of the reissued patent, it is important, for purposes of comparison, to set out the original and the reissue in parallel

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columns. So much of the original as is excluded from the reissue is marked in brackets, and the additions made by the reissue are in italics. They are as follows;

'ORIGINAL.

'Specifications forming part of letters patent No. 202,158, dated April 9, 1878. Application filed January 29, 1878.

'To all whom it may concern:

'Be it known that I, Frank Davis, of North Adams, in the county of Berkshire and state of Massachusetts, have invented certain new and useful improvements in door-bolts; [and I do hereby declare that] the following is a [full, clear, and exact] description [of my invention, 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, and to letters of reference marked thereon, which form a part of this specification.]

[7 S.Ct. 437] '[This invention is an improvement] on letters patent [No. 190,561,] granted to [the undersigned] May 8, 1877.

'The [nature of said] invention consists [chiefly] in combining a cylindrical outer casing

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with an inner [casing] constructed and recessed as hereinafter described, said [casings] combining to inclose the operating mechanism, and to form a fulcrum and guide therefor; [and] in combining, with said [casings,] a bolt, pitman, and [hub, so constructed and arranged as to operate in the same without pivot-pins or any additional devices, all as] hereinafter more fully [described] and claimed.

'In the accompanying drawings, Fig. 1 [represents the device as a whole] in perspective. Fig. 2 [represents] a perpective view of the inner [casing and contents.] Fig. 3 is a [detail] view of the bolt [and its attachments.] Fig. 4 is a detail view of the inner [casing.] Fig. 5 is a detail view of the outer casing.

'[A designates a cylindrical metallic outer casing or sleeve, which is provided with opposite openings, a, a, near its rear end, and with a hole, a1, for attachment by means of screw, a2, to inner casing, B.

'It is obvious that any known equivalent fastening may be

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substituted for said screw. Said casing, A, is preferably a mere shell of steel, but both the material and thickness can be considerably varied without departing from my invention.

'Inner casing, B, is of brass, castiron, or other cheap metal, and has such diameter as allows it to pass readily into said outer casing or sleeve, and to be conveniently withdrawn therefrom. It is provided at the front end with a disk, which has a central opening, b, for the passage of the bolt, and an annular flange, b1, which

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prevents it from being forced back too far within said exterior casing. The bottom of said inner casing, B, has a broad longitudinal slot, b2, extending from end to end, and [7 S.Ct. 438] communicating with a similar longitudinal slot, b3, in the top of said casing, B, which extends about two-thirds of the length of said casing, beginning just behind said front disk. The interior of the forward part of said inner casing is thus entirely removed, leaving vertical walls, b4, b4, on each side of the space thus produced. This space is separated by a transverse partition, b5, from a TRANSVERSE GROOVE, B6, IN THE BOTTOM OF WHICH IS A LONGITUDINAL SLOT, B 7. a transverse partition, b8, at the rear of said groove and slot, forms part of the rear end of casing, B, and has in its top screwthreaded hole or socket,b9, for the reception of fastening screw, a2.

'C designates the door-bolt, having guide-pins, c, on its side; and near its rear end a recess, c', in which works the lower end of crank-arm, D', formed in one piece with flat hub, D. Said lower end of crank-arm, D', is connected by pitman, E, to the front part of said bolt. Said hub, D, when in position

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for use, extends up through said slot, b7, so that its square or similarly shaped central hole is in a line with transverse groove, b6, of inner casing, B, and opposite holes, a, a, of outer casing, A. The prismatic shank of the key is passed through said holes and groove, and operated as usual to shoot or draw the bolt.

'I do not confine myself to the exact details of construction shown, as these may be somewhat modified in various ways without departing from the spirit of my invention.

'The working parts of my mechanism are more firmly secured and more perfectly protected than in my former patent, as hereinbefore recited. I also deem the shape of my new hub and crank preferable for practical working.]

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

'1. The combination, with a doorbolt and operating mechanism, of a cylindrical exterior [casing,] and a recessed inner [casing,] said [casings] combining to inclose the operating mechanism, and to form a fulcrum [7 S.Ct. 439]

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and guide therefor, substantially as set forth.

'2. The...

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