166 F. 880 (D.N.J. 1909), Bethlehem Steel Co. v. Niles-Bement-Pond Co.

Citation:166 F. 880
Party Name:BETHLEHEM STEEL CO. v. NILES-BEMENT-POND CO.
Case Date:January 29, 1909
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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166 F. 880 (D.N.J. 1909)

BETHLEHEM STEEL CO.

v.

NILES-BEMENT-POND CO.

United States Circuit Court, D. New Jersey.

January 29, 1909

Thomas W. Bakewell and Francis T. Chambers, for complainant.

Duell, Warfield & Duell, for defendant.

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.

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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

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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

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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...

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