182 F.2d 639 (Fed. Cir. 1950), 5665, In re Application of Heritage

Docket Nº:Patent Appeals 5665, 5666.
Citation:182 F.2d 639, 86 U.S.P.Q. 160
Party Name:Application of HERITAGE (two cases).
Case Date:April 03, 1950
Court:United States Court of Customs and Patent Appeals

Page 639

182 F.2d 639 (Fed. Cir. 1950)

86 U.S.P.Q. 160

Application of HERITAGE (two cases).

Patent Appeals Nos. 5665, 5666.

United States Court of Customs and Patent Appeals

April 3, 1950

Rehearing Denied June 28, 1950.

W. Bartlett Jones, Chicago, Ill. (Ivan P. Tashof, Washington, D.C., of counsel), for appellant.

E. L. Reynolds, Washington, D.C. (H. S. Miller, Washington, D.C., of counsel), for Commissioner of Patents.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, and JOHNSON, Associate Judges.


Appellant separately appeals from two decisions by the Board of Appeals of the United States Patent Office, affirming decisions of the Primary Examiner, finally rejecting all of the claims, 52 to 55, inclusive, 68, 70 and 74 to 81, inclusive, of an application, serial No. 294,212, filed September 9, 1939, 'For Insulation of Confined Spaces,' and all of the claims, 21 to 27, inclusive, of an application, serial No. 477,751, filed March 2, 1943, as a continuation-in-part of the former application.

For the reason that the appeals bear such close relationship, they will be decided in a single opinion.

Appeal No. 5665- Serial No. 294,212.

The claims in this appeal were rejected for want of patentability over the following cited prior art:

Moller 1,756,468 April 29, 1930.

Tannery 1,827,858 October 20, 1931.

Finck 1,923,195 August 22, 1933.

Tappen 1,971,123 August 21, 1934.


et al. 2,200,713 May 14, 1940.

Wenzel 2,235,542 March 18, 1941.

The claims were further rejected on the ground of undue multiplicity.

All of the claims are for method. Claims 52 and 80 are illustrative of the involved subject matter and read as follows:

'52. The method of introducing thermal insulation material into a space to fill said space with said material for using said filled space as thermal insulation which comprises providing a confined space completely bounded by facial walls the total area of which has both perforate area and imperforate area, providing in said total area at least one inlet area while maintaining

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space-confining area in any facial wall having inlet area, providing in at least one of said facial walls predetermined filtering perforate area and filtering means covering said latter area, introducing into said confined space by conducting to and through the inlet area at an impelling velocity moving gas containing suspended particles of insulating material which pack to a consolidated gas-filtering body, the velocity of said moving gas and the location and size of said filtering area with respect to inlet area all being such as to carry particles with turbulence to all portions of the confined space, continuing said introduction and completely packing said space at least to the inlet area with particles packed to a consolidated gas-filtering body of said insulating material, said filtering area serving to retain the particles and to release the gas, and retaining said body in situ in said space as a confined insulating medium.

'80. In depositing particles to form insulation in situ in a refrigerator formed of inner and outer shells each with an open face together providing an opening for closure by door, which shells provide a continuous space between them opening through screening means into said door opening, one of said shells having an opening in its wall opposite said door opening to provide an introductory inlet to said space of size relatively large compared with the foramina of said screening means, the method which comprises, suspending in a moving gas, particles of insulating material which pack to a consolidated body that is a gas-filtering body at an insulating density of the so-packed particles; introducing the resulting moving gaseous suspension into said space by conducting the suspension to and through said introductory inlet; simultaneously venting said gas from said space through said screening means, and there filtering said vented gas from particles, thereby depositing and packing particles to form a growing gas-filtering mass thereof in corresponding portions of said space over and extending away from said screening means; simultaneously maintaining in the remaining portion of said space a condition of turbulence of said gaseous particle-suspension by maintaining a high and sufficient velocity therefor in introducing said suspension whereby the turbulence causes deposition and packing of particles in margins of the turbulent space; and continuing said introduction, said maintenance of turbulence, and said venting of said gas through said screening means and also through said growing mass at least until a body of said particles begins to form in said inlet and said space is completely packed with said particles consolidated to a gas-filtering body at an insulating density and resultingly molded into said space and compressed therein by the differential introduction pressure between said inlet and said screening means.'

The application relates to a method of filling a confined space with felted fibers for the purpose of heat insulation. There is described a suspension of the fibers in an air stream of high velocity. The air stream in which the fibers are carried passes from the space through screened openings, the mesh of which is fine enough to prevent the escape of the fibers, which are retained against the screens until the fibers build up and completely fill the space. During the process, the air is said to be in turbulent motion so that the fibers are carried to all parts of the space, and because of high velocity and turbulence within the space, a felting of insulation is produced which is sufficiently dense so that there is no settling. The inlet opening and screened outlets may...

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