Bliss v. Spangler
| Citation | 217 F. 394 |
| Decision Date | 19 October 1914 |
| Docket Number | 2370. |
| Parties | BLISS et al. v. SPANGLER. [1] |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
G. E Harpham, of Los Angeles, Cal., for appellant Fresno Monogram Adjustable Buckle Co.
Neighbours Sproul & Hoag, of Los Angeles, Cal., for appellant Bliss.
Raymond Ives Blakeslee, of Los Angeles, Cal., for appellee.
Before GILBERT and ROSS, Circuit Judges, and WOLVERTON, District judge.
The appellee, who was complainant in the court below, made application May 5, 1910, to the Commissioner of Patents for patent on a clasp or buckle of which he claimed to be the original, sole, and first inventor, and was on October 18 1910, awarded letters patent numbered 972,937. Claiming that defendants Fresno Monogram Adjustable Buckle Company, the Modern Sales Agency of America, Limited, and Walter B. Bliss were jointly infringing his letters patent, he instituted the present suit to enjoin such infringement. Decree pro confesso was entered against the defendant Modern Sales Agency, and the defendants Adjustable Buckle Company and Bliss answered separately. Bliss denies that the defendants have jointly, as partners, or separately manufactured, or participated in the manufacture, use, and sale of, complainant's clasp or buckle, and denies infringement jointly or separately. The Buckle Company makes the same answer, and sets up anticipation, and, in view of the prior state of the art, that what complainant claims to have discovered is not the result of patentable invention, but of ordinary mechanical skill. The trial court found against defendants, and decreed that they be permanently enjoined from further infringing complainant's letters patent.
The complainant's alleged invention comprises a plate or shield suitable for engraving or stamping thereon an initial or monogram, or such other device as may be desired, with longitudinal curvature suitable to conform it to the line of extension of the belt when placed around the body. The shield is constructed with lateral flanges extending inwardly, thus providing a groove longitudinally underneath the shield, through which the lap, or, as it may be called, the butt end, of the belt, may be drawn. Across the flanges at one end is provided a flat bar, and at the other a pin or bar upon which is pivotally mounted a contrivance consisting of a metallic tongue or plate, extending when in use towards the flat bar at the other end of the shield, which tongue is provided with a stud extending towards the shield, and, when closed, presses up or outwardly against it. The tongue is also curved at the end in the opposite direction from the stud and shield, so as to form a hook. The butt end of the belt is attached to the buckle by simply passing it in and through the groove under the pin upon which the tongue is pivoted and the flat bar at the other end of the shield. The belt being provided with holes appropriately spaced, the stud on the tongue is caused to register with one of the holes, and when the tongue is clasped up or outwardly against the shield the belt is secured or made fast, so that it will not move longitudinally. The other or free end of the belt is provided also with a metallic tongue, called in the patent a 'spring tongue,' containing a slot crosswise near the end; the tongue being attached or fastened to the belt by means of ears projecting from the face thereof and away from the plate or shield, provided with holes, which ears extend through the belt, and are fastened by a pin extended through the holes underneath the belt. The spring tongue is thereby made detachable from the belt. In application, the spring tongue, being so detachably attached to the free end of the belt, is passed between the flat crossbar and the extended butt end of the belt, until the slot in the spring tongue registers with the hook or the swinging tongue, and the two parts of the buckle are interlocked by the hook drawing into the slot, and thus the ultimate function of the buckle is accomplished. Spangler's claim is for:
'A clasp or buckle, comprising a shield or plate provided with a rearwardly disposed bar spaced therefrom, holding means for connecting the shield or plate with a strap or other device, interlocking elements, one of said interlocking elements being connected with said shield or plate rearwardly thereof, and holding means for connecting the other of said interlocking elements with a strap or other device; one of said interlocking elements consisting of a spring tongue adapted to be passed between said shield and said bar and being provided with an opening, and the other of said interlocking elements being formed for hook engagement with said spring tongue through said opening.'
Logically, in the course of our investigation, we may determine whether there has been anticipation of the complainant's patent. Certain patents, six in number, were introduced at the trial for showing the prior state of the art, all of which it is claimed anticipate the alleged invention of complainant.
The first introduced, or the Busch patent (being for improvement in buckles), issued October 8, 1872, No. 132,051, is a crude affair, consisting simply of a shield underneath which at one end are attached two hooks, which are hooked into holes in the belt for holding purposes. In the center underneath is attached a crossbar pivoted on lugs, one on each side of the shield, suitable for hook engagement, the hook being attached to the other end of the belt, and thus the belt is interlocked. The shield serves in a measure only to mask the buckle fastening.
The Koopman patent, No. 544,858, issued August 20, 1895, consists of a belt plate to which one end of the belt is attached in any suitable manner. This plate is provided with a hook underneath, which engages a slot in what is termed an end piece attached to the other end of the belt, and thus the opposite ends of the belt are interlocked.
The Graves patent, No. 556,413, issued March 17, 1896, has a shield of small dimensions, with side projections extending inwardly, provided with holes in which is pivoted a metallic tongue, which has a stud extending, when engaging the belt, up or outwardly against the shield through holes in the belt. A duplex sliding loop is also provided, which slides in what are termed 'guide eyes' underneath the belt. When the tongue is engaging the belt, one end of this loop is moved backwards, so as to pass over the end of the tongue, and thus the belt is held in place from movement longitudinally; the other end of the belt being permanently fastened with rivets to the shield.
The Mixer patent, No. 672,793, issued April 23, 1901, consists simply of a shield or plate bent on itself; the outer portion forming what is termed the 'outer plate' and the inner the 'base plate.' The latter is described as an elongated strip of sheet metal, provided with a hook turning outward, which, when in position, is underneath the outer plate about the center. One end of the belt is attached to this device, and the other to a metallic plate, the end of which curves inwardly, forming a hook. The two ends of the belt are interlocked by means of these hooks coming into contact one with the other.
It is unnecessary to take special note of the two remaining patents, one of which was issued March 2, 1897, and the other July 2, 1878, except to observe that the latter patent has the swinging tongue with the stud on the under side, which engages the trace; the patent being for a trace buckle.
On an analysis of plaintiff's claim, it will be found to consist of:
First. A shield or plate.
Second. A rearwardly disposed bar spaced therefrom.
Third. Holding means for connecting the shield or plate with the strap.
Fourth. An interlocking element (one of two) connected with the shield or plate rearwardly thereof.
Fifth. Holding means for connecting the other of the interlocking elements with a strap; and
Sixth. The...
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