Wilson v. Byron Jackson Co.
| Decision Date | 17 March 1943 |
| Docket Number | No. 10159.,10159. |
| Citation | 133 F.2d 644 |
| Parties | WILSON v. BYRON JACKSON CO. |
| Court | U.S. Court of Appeals — Ninth Circuit |
R. Welton Whann and Robt. M. McManigal, both of Los Angeles, Cal., for appellant.
Lyon & Lyon, Frederick S. Lyon, and Leonard S. Lyon, all of Los Angeles, Cal., for appellee.
Before DENMAN, HANEY, and HEALY, Circuit Judges.
This is an appeal from an interlocutory judgment of the United States District Court for the Southern District of California holding claims 1, 4 and 11 of the patent to N. K. Smith No. 1,871,825, issued August 16, 1932, valid and infringed.
The patent in suit is for side door elevators of the type used in the raising and lowering of well casing, tubing, and the like, in the operation of drilling a well and maintaining the same in production. Elevators have long been used in the oil producing industry, and their purpose and manner of use over a long period of time have remained unchanged. These elevators are nothing more than a body and door structure forming a collar which encircles the pipe and has an upper shoulder which is engageable with the shoulder on the coupling or tool joint of the drill pipe or casing which is to be raised or lowered by the elevator. No novelty is claimed for the combination of the body and the door of the collar, nor for the fact that such a combination encircles and raises and lowers the enclosed piping. The sole novelty claimed at the hearing is that the latch which locks the door is swung back and forward on a horizontal pivot, the latch moving in a vertical rather than a horizontal plane.
The door's latching device is a protruding lug on the free vertical side of the door. The body of the collar has a vertically hung latch on a horizontal pivot. The lower part of the latch is swung away from the lug and falls outside it when the lug has passed and the door closed.
The door's latching mechanism is identical with the five-board farm gates we have often seen with the center board projecting from the free side of the gate so that when closed it lies against the gate post. On the gate post hangs a vertical board latch on a horizontal pivot near the top of the board, with a slot on the gate post below into which the latch board swings after it has been lifted aside to permit the protruding gate board lug to pass it and lie against the gate post.
We are unable to see any novelty in the Smith mechanism not foreseen...
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Pointer v. Six Wheel Corporation
...Inc., v. Schick Dry Shaver, 9 Cir., 1940, 112 F.2d 701; Madsen Iron Works v. Wood, 9 Cir., 1943, 133 F.2d 416; Wilson v. Byron Jackson Co., 9 Cir., 1943, 133 F.2d 644; Schnitzer v. California Corrugated Culvert Co., 9 Cir., 1944, 140 F.2d 275. And see, Altoona Publix Theaters v. American Tr......