Ives v. Sargent

• Decision Date: 10 January 1887
• Citation: 30 L.Ed. 544,7 S.Ct. 436,119 U.S. 652
• Parties: IVES v. SARGENT. 1
• Court: U.S. Supreme Court

119 U.S. 652

7 S.Ct. 436

30 L.Ed. 544

IVES v. SARGENT.¹

January 10, 1887.

H. T. Blake, for appellant, Ives.

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

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 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 m 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.]

'[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 casingwith 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 a², to inner casing, B.

'It is obvious that any known equivalent fastening may be 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 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 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 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, B⁷. 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 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 wo king.]

'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 and guide therefor, substantially as set forth.

'2. The combination of [casing,]A, having opposite holes, a, a, with inner [casing,] B, having transverse groove, b⁶, and slot, b⁷, [flat hub,] D, [having crank-arm, D',] and the bolt and pitman, substantially as set forth.

'[3. The combination of cylindrical outer casing, A, with inner casing, B, having annular front flange, b¹, side walls, b4 b⁶, and slot, b⁷, said casings being securely fastened together, and adapted to receive the bolt and working mechanism, substantially as set forth.]'

'REISSUE.

'Specification forming part of reissued letters patent No. 9,901, dated October 18, 1881. Original No. 202,158, dated April 9, 1878. Application for reissue filed April 1, 1881.

'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, of which the following is a description:

'The improvements are on the doorbolt for which letters patent were granted to me May 8, 1877.

'The invention consists in combining a cylindrical outer case with an inner case, constructed and recessed as hereinafter described, said cases combining to inclose the operating mechanism, and to form a fulcrum and guide therefor; in combining with said cases a bolt, pitman, and crank; and in a pitman or connecting rod performing the functions of both pitman and spring, as the above are hereinafter more fully set forth and claimed.

'In the accompanying drawings Fig. 1 shows the bolt in perspective; Fig. 2 is a perspective view of the inner case and portions of some of the working parts; Fig. 3 is a view of the bolt, spring and crank; Fig. 4 is a detail view of the inner case; and Fig. 5 is a detail view of the outer case.

'To enable others to make and use my improvements in door-bolts, I will describe them in detail.

'A, Figs. 1 and 5, is a cylindrical metallic outer case, having the holes, a, a, near its rear end, and hole a', through which a screw, a², Fig. 1, passes into the inner case, B, to hold the two cases together. The inner cylindrical case, B, Figs. 2 and 4, is made to fit closely into the outer case, and has on its front end a disk in which is the central opening, b. On its front end the flange, b', is formed, ayainst which the outer case comes. A slot, b², Fig. 4, extends from the disk on the front end the whole length of the case. Another slot, b³, opposite the slot, b², extends backward from the end disk, as shown in Fig. 4. These slots leave the parts, b⁴, b⁴, of the inner case as shown in Fig. 4. A groove, b⁶, extends across the case between the parts b⁵ and b⁸ of the case. A longitudinal slot, b⁷, bisects this groove, and is cut through the case.

'C, Fig. 3, is the bolt, made with the lugs, c, c, only one of which is used. The projecting end is round; the part within the case is rectangular, one of the narrower sides fitting into the slot, b², and the other into b³. Its rear end is made narrower and thinner to make room for the crank, as shown in Fig. 3.

'The crank, D, is made in the usual form, and is arranged in a position to bring the hole through its arger end in line with the groove, b⁶, on the inner case, and with the openings, a, a, in the outer case.

'The pitman and spring, E, Fig. 3, is a straight hard-drawn wire, and is connected to the bolt and crank by suitable pivotal connections. As shown in the drawings, its ends are bent at right angles to its length, and pass into holes in the bolt and crank, the spring being made long enough for the purpose. The lug, c, on the bolt is so arranged, relative to the connections of the spring, as to give it the required degree of tension or 'set up,' as it is called. The tension bends the spring over the lug, c, as shown in Fig. 3.The key has its shank square, to fit the hole in the crank, with a round part near the handle, to turn in the case, as shown in Fig. 1.

'Having described my improved bolt and its mode of operation, what I claim as new, and desire to secure by letters patent, is:

'1. The combination, with a door-bolt and operating mechanism, of a cylindrical exterior case and a recessed inner case, said cases combining to inclose the operating mechanism, and to form a fulcrum and guide

THEREFOR, SUBSTANTIALLY AS SET FORTH.

'2. The combination of case, A, having opposite holes, a, a, with inner case, B, having transverse groove, b⁶, and slot, b⁷, crank, D, and the bolt and pitman, substantially as set forth.

'3. The...