Standard Typewriter Co. v. Standard Folding Typewriter Sales Co.

• Citation: 181 F. 500
• Decision Date: 28 July 1910
• Docket Number: 330.
• Parties: STANDARD TYPEWRITER CO. v. STANDARD FOLDING TYPEWRITER SALES CO. et al.
• Court: United States Courts of Appeals. United States Court of Appeals (2nd Circuit)

181 F. 500

STANDARD TYPEWRITER CO. v. STANDARD FOLDING TYPEWRITER SALES CO. et al.

No. 330.

United States Court of Appeals, Second Circuit.

July 28, 1910

Appeal from an order granting a preliminary injunction to restrain the infringement of letters patent No. 754,242, issued on March 8, 1904, to Frank S. Rose, for a new and improved typewriting machine, and assigned, through mesne conveyances to the complainant. The suit was brought to restrain the allege infringement of two patents-- No. 948,553, granted on February 8, 1910, to the complainant, as well as the Rose patent aforesaid-- but as the preliminary injunction was dismissed as to the former the present appeal relates to the latter only.

Edwards Sager & Wooster (Clifton V. Edwards and Thomas Howe, of counsel), for appellants.

W. R Davis, D. W. Van Hoesen, and J. A. E. Criswell, for appellee.

Before WARD and NOYES, Circuit Judges, and HAND, District Judge.

NOYES Circuit Judge.

The subject-matter of the patent in suit is primarily a folding typewriter. The patentee states at the commencement of his specification:

'This invention relates to improvements in typewriters in which I seek to produce a new construction of the support or carriage for the type-platen or cylindrical roller which enables the same to be folded into compact relation to the keyboard, thus making provisions for ready and convenient transportation of the instrument.'

Again he states:

'The important feature of the present invention is the provision of means whereby the platen and its carriage may be folded into compact relation to the banks of keys, thus making provision for the convenient transportation of the instrument. In carrying out this part of the invention I employ a foldable sectional construction of a frame adapted to support the carriage and the platen. * * * '

The patent contains 11 claims, of which the first is especially relied upon here. This claim reads:

'In a typewriter, a foldable support for a platen carriage having one of its members movable to an abnormal position in overhanging relation to a keyboard.'

It is evident that the feature of the claimed invention is the arrangement by which the carriage supporting frame is folded over into close relationship to the keyboard, whereby a compact package, convenient for transportation, is obtained. The drawings and specification also show that when the machine is folded the delicate operating parts are protected from injury by the upright and horizontal bars of the frame and carriage support.

Now it is old in many arts to fold devices in order to obtain compact packages for storage or transportation. Thus patents for folding cameras, folding go-carts, folding organs, and folding wheel chairs are shown upon the record. If, however, these devices in other arts would negative invention in going into the typewriter art and applying the folding principle, it does not follow that the present patent is invalid. It may well be that the folding principle is so old that a patent merely for folding parts of typewriters upon other parts would possess no patentable novelty. But this patent is for the folding of a specific part, the platen carriage, into specific (overhanging) relation to another part, the keyboard, for a specific purpose, obtaining a compact and safe package. We think that it is not shown to be invalid by anything in arts other than that of the typewriter, and that we must look to that art if we are to find anticipation, or such a state thereof as negatives invention.

In considering the typewriter art it will not be especially helpful to examine machines in which the platen and platen carriage are swung away from the type...