CROSS
District Judge.
This is
a patent case in which the issues involved are largely of
fact. The record is voluminous to the point of being
burdensome, and it is impossible, in an opinion of reasonable
length, to set forth even in the most general way the facts
upon which the decision is based. Two patents are brought to
the attention of the court. Each of them is for a
'metal-cutting tool and method of making same,' and
each was issued to Frederick W. Taylor and Maunsel White
assignors, by direct and mesne assignments to the
complainant.
Application
for patent No. 668,269 was filed October 20, 1899, and the
patent issued February 19, 1901. Application for the second
patent, No. 668,270, was filed August 10, 1900, and the
patent thereon was issued February 19, 1901. The first patent
contains 25 claims, of which Nos. 1, 2, 3, 4, 5, 6, 7, 8, 16
17, 18, 19, 20, and 21 are relied upon. They are as follows:
'(1)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperature, which consists
in forming the tool of air-hardening tool steel containing
not less than one-half of one per cent. of chromium and not
less than one per cent. of one or more of the
above-specified members of the chromium group, and heating
it or its cutting portion up to the temperature at which
the steel softens or crumbles when touched with a rod.
'(2)
The described metal-cutting tool made of air-hardening tool
steel containing not less than one-half of one per cent. of
chromium and not less than one per cent. of another or
others of the specified members of the chromium group of
metals, said tool or its cutting edge being characterized
as described by a considerable reduction in its contained
carbid of chromium as compared with that contained in the
steel from which it is made, and by its capacity to
maintain its cutting edge in cutting the softer steels at
temperatures at or verging on incandescence.
'(3)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one-half of one per cent. of chromium and not
less than one per cent. of one or more of the other
specified members of the chromium group, and heating it or
its cutting portion to a temperature of or over 1,725
degrees Fahrenheit.
'(4)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one-half of one per cent. of chromium and not
less than one per cent. of one or more of the other
specified members of the chromium group, and heating it or
its cutting portion to a temperature of or over 1,850
degrees Fahrenheit.
'(5)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one-half of one per cent. of chromium and not
less than one per cent. of one or more of the other
specified members of the chromium group, heating it or its
cutting portion to a temperature of or over 1,725 degrees
Fahrenheit and then cooling the tool rapidly to a
temperature below 1,550 degrees Fahrenheit.
'(6)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one-half of one per cent. of chromium and not
less than one per cent. of one or more of the other
specified members of the chromium group, heating it or its
cutting portion to a temperature of or over 1,850 degrees
Fahrenheit, and then cooling the tool rapidly to a
temperature below 1,550 degrees Fahrenheit.
'(7)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one-half of one per cent. of chromium and not
less than one per cent. of one or more of the other
specified members of the chromium group, heating it or its
cutting portion to a temperature of or over 1,725 degrees
Fahrenheit, then cooling the tool, and then reheating it to
a temperature above 450 degrees Fahrenheit and below 1,350
degrees Fahrenheit.
'(8)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one-half of one per cent. of chromium and not
less than one per cent. of one or more of the other
specified members of the chromium group, heating it or its
cutting portion to a temperature of or over 1,725 degrees
Fahrenheit, then cooling the tool, and then
reheating it to a temperature above 700 degrees Fahrenheit
and below 1,240 degrees Fahrenheit.'
'(16)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one per cent. of chromium and one or more of
the other specified members of the chromium group in amount
equal to not less than four per cent. of tungsten, and
heating it or its cutting portion to a temperature of or
over 1,725 degrees Fahrenheit.
'(17)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one per cent. of chromium and one or more of
the other specified members of the chromium group in amount
equal to not less than four per cent. of tungsten, and
heating it or its cutting portion to a temperature of or
over 1,850 degrees Fahrenheit.
'(18)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one per cent. of chromium and one or more of
the other specified members of the chromium group in amount
equal to not less than four per cent. of tungsten, heating
it or its cutting portion to a temperature of or over 1,725
degrees Fahrenheit, and then cooling the tool rapidly to a
temperature below 1,550 degrees Fahrenheit.
'(19)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one per cent. of chromium and one or more of
the other specified members of the chromium group in amount
equal to not less than four per cent. of tungsten, heating
it or its cutting portion to a temperature of or over 1,850
degrees Fahrenheit, and then cooling the tool rapidly to a
temperature below 1,550 degrees Fahrenheit.
'(20)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel, containing
not less than one per cent. of chromium and one or more of
the other specified members of the chromium group in amount
equal to not less than four per cent. of tungsten, heating
it or its cutting portion to a temperature of or over 1,725
degrees Fahrenheit, then cooling the tool, and then
reheating it to a temperature above 450 degrees and below
1,350 degrees Fahrenheit.
'(21)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures, which consists
in forming the tool of air-hardening tool steel containing
not less than one per cent. of chromium and one or more of
the other specified members of the chromium group in amount
equal to not less than four per cent. of tungsten, heating
it or its cutting portion to a temperature of or over 1,725
degrees Fahrenheit, then cooling the tool, and then
reheating it to a temperature above 700 degrees and below
1,250 degrees Fahrenheit.'
The
second patent has five claims as follows:
'(1)
A metal-cutting tool formed of air-hardening tool steel
containing not less than three per cent. of chromium and in
addition one or more of the other specified members of the
chromium group in the proportion of not less than six per
cent. of tungsten or its specified equivalent, said tool or
its cutting portion being characterized, as described, by a
considerable reduction of its contained carbid of chromium as
compared with the steel from which it is made, and by its
capacity to maintain its cutting edge in cutting the softer
steels at temperatures at or verging on incandescence.
'(2)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures and in cutting
very hard metal, which consists in forming the tool of
air-hardening tool steel containing not less than three per
cent. of chromium and one or more of the other specified
members of the chromium group in amount equal to not less
than six per cent. of tungsten, and heating said tool or its
cutting portion to a temperature of not less than 1,725
degrees Fahrenheit.
'(3)
The method of producing a metal-cutting tool adapted to
retain its efficiency at high temperatures and in cutting
very hard metal, which consists in forming the tool of
air-hardening tool steel containing not less than three
per cent. of chromium and one or more of the other specified
members of the chromium group in amount equal to not less
than six per cent. of tungsten, and heating said tool or its
cutting portion to a temperature of not less than 1,850
degrees...
