Worden v. Searls

• Citation: 121 U.S. 14,30 L.Ed. 853,7 S.Ct. 814
• Parties: WORDEN and another v. SEARLS. 1
• Decision Date: 28 March 1887
• Court: United States Supreme Court

121 U.S. 14

7 S.Ct. 814

30 L.Ed. 853

WORDEN and another v. SEARLS.¹

March 28, 1887.

[

Charles J. Hunt, for appellants.

J. P. Fitch, for appellee.

BLATCHFORD, J.

This is a suit in equity, brought in the circuit court of the United States for the Eastern district of Michigan, by Anson Searls against Alva Worden and John S. Worden, for the alleged infringement of reissued letters patent No. 5,400, granted to Erastus W. Scott and Anson Searls, May 6, 1873, for an 'improvement in whip-sockets,' on an application for reissue filed January 16, 1873, the original letters patent, No. 70,627, having been granted to E. W. Scott, November 5, 1867, on an application filed August 23, 1867. One of the defenses set up in the answer is that the reissued letters patent are not for the same invention as that described and claimed in the original letters patent, and contain new matter not contained or claimed in the original.

The specification and claim and drawings of the original patent are as follows:

'Be it known that I, E. W. Scott, of Wauregan, in the county of Windham and state of Connecticut, have invented a new and useful improvement in whip-sockets; 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 make and use the same, reference being had to the accompanying drawings, and to the letters of reference marked thereon. This invention relates to a new and improved fastening applied to a whip-socket in such a manner as to hold the whip firmly therein, prevent it from moving or shaking laterally, and at the same time not interfere in the least with its ready insertion in the socket and its withdrawal therefrom. In the accompanying sheet of drawings, Figure 1 is a vertical central section of my invention taken in the line, x, x, Fig. 2; Fig 2, an external view of the same. Similar letters of reference indicate like parts.

'The whip-socket, A, may be made of cast-iron, hard-rubber, or any of the materials now used for such purpose. Cast-iron, however, would probably be the preferable material. The socket may have an opening, a, at its bottom, to admit of the escape of water, dust, etc., and in the side of the socket there is an opening or slot, a', extending nearly its whole height or length. In this slot there is secured a fulcrum pin, b, a lever B, which is slightly curved, as shown clearly in Fig. 1, the fulcrum pin being rather below the center of the lever, and the latter provided with a projection, b', near its fulcrum pin, which renders the lower part of the lever heavier than its upper part, with its center of gravity at one side of its fulcrum pin, so that the upper end, c, of the level will have a tendency to move out from within the socket, as indicated by the arrow 1. The lower end of the lever, B, is so curved as to extend within the lower part of the socket at all times, and, when the socket is empty, no whip in it, the upper end, c, of the lever will be in the slot, a, if not out from it, so as not to form any obstruction to the butt of the whip, C, as it is shoved into the socket; but, when the butt of the whip reaches the lower part of the socket, it strikes the lower curved end of the lever, B, and throws the upper end, c, of the same in contact with the butt, (see Fig. 1;) the weight of the whip keeping the upper end, c, of the lever in contact with the butt, and holding the whip steady in the socket. In withdrawing the whip from the socket, the upper end, c, of the lever moves freely outward from the butt as soon as the lower end of the lever is relieved of the weight of the whip. This simple device has been practically tested, and it operates well. There are no springs required, and no parts used which are liable to get out of repair, or become deranged so as to be inoperative.

'Having thus described my invention, I claim as new, and desire to secure by letters patent, a whip-socket provided with a fastening composed of a lever, arranged or applied substantially as shown and described, to hold the whip steady or firm in its socket, as set forth.'

The specification and claims of the reissue are as follows, the drawings of the reissue being substantially the same as those of the original:

'Be it known that I, Erastus W. Scott, of Wauregan, in the county of Windham and state of Connecticut, have invented certain new and useful improvements in whip-sockets, which are simple in construction, efficient in operation, and durable in use; and the improvements consist in the use of a lever with the stationery or upright portion of the socket, and in the construction and combination of the parts, as hereinafter more fully described; 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 drawing, with letters of reference marked thereon, forming a part of this specification, in which Figure 1 is a central vertical section, taken on line, x, x, of Fig. 2, of a socket embodying my invention, and Fig. 2 is an elevation of the same.

'A represents a tubular socket provided with a suitable flange at the top, and the interior of the bottom part of the socket gradually decreases in size, being constructed in a partially cone form, as shown. The socket, A, is provided with a suitable fastener for the purpose of securing the same to the carriage. The socket, A, is provided with a slot, a, extending a sufficient distance to admit the lever, B, which is suitably pivoted to the part, A, in such a manner as to move on its pivot, for a purpose presently described. This lever, B, extends upward and downward from its pivot, and inclines or curves inward from h e pivot to each end, so that each end of the lever, or a point near each end of the lever, forms a bearing point for the whip, C, when inserted in the socket, while the opposite side of the whip-stock, C, bears upon the socket, A, as shown in Fig. 1. The lever, B, is pivoted to the socket, A, at a point inside of its center of gravity; so that, when the whip is removed, the upper part of the lever automatically moves outward, as indicated by the arrow, leaving the top of the socket open for the reception of the whip. The same outward movement of the top of the lever would be caused by the butt of the whip when withdrawn from the socket. The operation is as follows: The whip, C, being removed from the socket, the upper part of the lever falls outward, as above described, leaving the top of the socket open. The whip, then being again inserted in the socket, first comes in contact with the lower inclined or curved part, e, of the lever, B, and, as the whip passes down, the lower part, e, of the lever is pressed outward, which action brings the upper part, c, in ward until it is brought to bear firmly against the whip, C, and thus holding the whip securely between the lever and the opposite side of the socket, A. By this means a whip of any ordinary size may be firmly and securely held in position.

'Having thus fully described the invention, what is claimed and desired to be secured by letters patent is: (1) The combination of a stationary part of a whip-socket and a lever, the lever being hinged or pivoted so that the lever bears against the whip at or near the ends of the lever, to hold the whip in position, for the purpose set forth; (2) the lever, B, curved or inclined inward from its point of pivot, and used in connection with the stationary part, A, substantially as and for the purpose specified; (3) the lever, B, pivoted at a point inside of its center of gravity, so that when left free the upper part of the lever will fall outside, substantially as and for the purpose set forth.'

The bill was filed in July, 1880. On the nineteenth of July, 1880, a preliminary injunction was issued and served. In the answer, filed in September, 1880, it was set up that the defendants were making and selling whip-sockets constructed under and in accordance with the specification and drawings of letters patent No. 70,075, owned by them, granted to Henry M. Curtis and Alva Worden, October 22, 1867, for an 'improvement in self-adjusting whip-holder.' After replication and proofs, the case was heard, and on the twenty-fourth of February, 1882, an interlocutory decree was made, declaring that the reissue was valid and had been infringed, and awarding a perpetual injunction, and a reference as to profits and damages. On the sixth of March, 1882, an order was made, entitled in the cause, imposing a fine of $250 on the defendants, to be paid by them to the complainant, for a violation of the preliminary injunction. This order was opened on the twenty-ninth of April, 1882, for a further hearing, and on the ninth of October, 1882, an order was made, entitled in the cause, imposing a fine of $1,182 on the defendant for such violation, to be paid to the clerk of the court, and by him to be paid over to the plaintiff for damages and costs, the defendants to stand committed until the same should be paid. 13 Fed. Rep. 716. An appeal by the defendants from this order was allowed, and an order was made that all proceedings to enforce the collection of the fine be stayed until the further order of the circuit court, on the giving of a specified bond, which bond was given. On the...