Bryce Bros. Co. v. Seneca Glass Co.

Decision Date22 August 1905
Citation140 F. 161
PartiesBRYCE BROS. CO. v. SENECA GLASS CO.
CourtU.S. Court of Appeals — Fourth Circuit

Suit instituted by the Bryce Bros. Company, assignee of Henry C Schrader of letters patent No. 592,920, issued November 2 1897, against the Seneca Glass Company, alleging infringement and praying injunction and accounting. The defendant company has by answer denied infringement, assailed the validity of the patent, and asserted its abandonment, anticipation, and prior use. The patent is for a machine with which to etch or engrave glassware, and can best be understood here, in the absence of the machine itself, by the drawings and specification of the patent itself, as follows:

(Image Omitted)

(Image Omitted) The specification describes the invention as follows:

'This invention relates to certain new and useful improvements in engraving machines for engraving upon glass and other articles; and it has for its objects, among others, to provide a simple and cheap device for this purpose composed of few parts, those readily assembled and adjusted, and adapted for making different designs upon the articles operated upon. The base or support or table is provided with a plurality of ways radiating from the center, in which may be adjustably mounted the stands carrying the needle support and its operating mechanism, so that one two, or more of the same may be caused to operate upon the article at the same time. The needle-supporting plate or frame is mounted for pivotal movement, the needle is adapted for adjustment upon said plate or support to give it the required height, and the plate is moved upon its pivot by an eccentric and suitable connections with the operating mechanism. Other objects and advantages of the invention will hereinafter appear in the following description, and the novel features thereof will be particularly pointed out in the appended claims:
'The invention is clearly illustrated in the accompanying drawings, which, with the letters of reference marked thereon, form a part of this specification, and in which Figure 1 is a side elevation, with a portion in vertical section. Fig. 2 is a view looking at right angles to Fig. 1, showing a front view of the machine. Fig. 3 is a plan of the table with the large gear and the horizontal shafts and their gears, the remaining portions of the device being removed. Fig. 4 is a horizontal section on the line, 4 4, of Fig. 2. Fig. 5 is a horizontal section on the line, 5, 5, of Fig. 1. Like letters of reference indicate like parts throughout the several views.

'Referring now to the details of the drawings by letter, A designates the table, which may be supported in any desired position in any suitable manner, in this instance being shown as mounted upon the legs, a, braced by the horizontal brace-arms, a', which join the legs to the depending tubular portion, A', extending centrally from the under side of the table, as seen more clearly in Fig. 1. Upon the upper side of the table are the radial ways, B, which may be of any desired number, in this instance being shown as four, and these ways are dovetailed, as seen in Figs. 1 and 2. It will thus be seen that one, two, or more needles and their supporting and operating mechanisms may be employed for simultaneous or successive movement upon the article being operated upon. C is a large bevel-gear disposed at the center of the table and having the tubular shaft, C', mounted in the tubular depending portion, A', of the table, as seen more clearly in Fig. 1; the said shaft near its upper end being provided with a conical portion, c, having a bearing in the correspondingly-shaped upper end, b, of the depending portion, A'. D is a shaft passed through the hollow shaft, C', and secured therein at any proper height by suitable means, as the set-screw, d, mounted in the said hollow shaft, as seen in Figs. 1 and 2, and engaging the shaft, D, so that the latter may be adjusted vertically, as may be required, and held in its adjusted position. At the upper end of this shaft, D, is the plate or support, E, fixedly mounted thereon so as to revolve therewith, and upon which is designed to be supported and held in any suitable manner the article, X, to be engraved. F and F' are shafts arranged at right angles to each other upon different planes, so as to cross without interference with each other, as seen in Figs. 1 and 3. These shafts are mounted in suitable bearings, f, on the table, as seen in Figs. 1 and 3, and each has one end extended and provided with any suitable means, as the crank-handle, f', by means of which the same may be rotated when desired. One shaft carries a bevel-pinion, F2, meshing with the larger bevel-pinion, C, as indicated in Figs. 1 and 3, so that by rotation of said shaft the required rotary movement is given to the bevel-pinion, C, and consequently to the plate or support, E, carrying the glass or other article to be operated upon. Each of the shafts carries a bevel-pinion, F3, which mesh with each other, as seen in Fig. 3, whereby the rotation of either shaft will drive the pinion C and also the other shaft, together with the needles connected with the shafts. Each needle and its carrier or support and operating mechanism is designed to be mounted and actuated by the movement of either of the shafts, but may be actuated independently of the other. It is adjustable radially to and from the work, and also vertically, so as to accommodate itself to the different sizes and styles or classes of articles operated upon.

'It being understood that each needle, needle support, and operating mechanism is the same, a description of the construction and operation of one will suffice for all. G represents the post or holder, provided with a foot, g, fitted to and adapted to slide in the dovetailed way, B, of the table. H is the head. This head has a tubular portion, which receives the vertical portion of the holder, G, and upon which it may be held in its adjusted positions by the set-screws or analogous means, g', as seen in Figs. 1 and 2. This head has the offset, I, in which is located the sleeve, J, which extends from the plate, K, so that the latter may have a movement as upon a pivot formed by said sleeve, J. Through this sleeve passes a shaft, L, which passes also through an opening in the plate, K, and carries a bevel-pinion, M, as illustrated best in Fig. 4. A washer, k, is placed upon the outer end of the sleeve, and a nut, 1, engages the threaded end of the shaft, as seen in Fig. 4, and bears against said washer to hold the parts against endwise movement, but permits of their rotation. N is a shaft at right angles to the shaft, L, and carries a bevel-pinion, N', meshing with the bevel-pinion, M, as seen in Figs. 1 and 4. O is a shaft at right angles to the shaft, L, and carrying a bevel-pinion, O', meshing with the pinion, M, as seen in Figs. 1 and 4. This latter shaft, O, is hollow, and arranged within the same is the bent needle, P, which is urged to its work by the spring, P', retained within the said hollow shaft, as seen in Fig. 1. The shaft, O, has bearings in the ears or lugs, o, of the frame, O2, from the rear side of which projects a pin or stud, Q, that works through the curved slot, Q', struck from the shaft, L, as a center, and upon the end of this stud or pin is a nut, q, as seen best in Fig. 4. On the outer end of the shaft, N, is a gear-wheel, R, which meshes with the gear-wheel, R', on the shaft, r, which gear in turn meshes with the gear, S, on the shaft, s, the gear-wheel, S, meshing with a larger gear-wheel, T, on the shaft, t, and this last gear-wheel, T, meshing with a gear-wheel, U, on the shaft, F', as seen clearly in Figs. 1 and 2; the arrangement of gears being such that they all continue in mesh, regardless of the vertical adjustment of the head, as also clearly seen in Fig. 2.

'The operation will be apparent. The glass or other article, X, is placed upon the board or support, E, and the shaft, F', being rotated, rotary movement is impaired to the shaft, D, and the holder, E, thereon, and consequently the glass and the same rotation of said shaft, F', gives to the needle, through the medium of the gears and bevel-pinions above described, a rotary movement, causing it to engrave upon the glass the proper design. Proper adjustment of the needle-supporting frame, O2, and to the head, H, is made to conform to the design required. In order to give the plate, K, and the needle carried thereby, an up and down movement radially of the work holder to produce different designs, the said plate is provided at its lower end with a vertical slot, k2. In this slot works a pinion, V, carried by the eccentric, W, located on the shaft, w, which shaft is journaled in the lug, h3, projecting from the head, H, as seen in Figs. 1 and 5. This shaft, w, is provided at its outer end with a pinion, w', which meshes with a pinion, w2, on the shaft, t. The shaft, t, is provided with the gear, T, whereby, when the shaft, F', is rotated, the movement therefrom will be transmitted to the eccentric, which, through the medium of its pinion working in the slot, causes the plate, K, to travel on its pivot formed by the sleeve, I, in a path radial to the work holder. When it is desired to engrave an ordinary scroll upon glass, this eccentric may be disconnected or thrown out of operative position. Modifications in detail may be resorted to without departing from the spirit of the invention or sacrificing any of its advantages. It will be understood that the articles to be engraved upon are covered with beeswax or the like, and the needles scratch the patterns in the wax, after which the article is placed in acid, which eats into the glass in the usual way.

'Having thus described my invention, what I...

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2 cases
  • Solo Cup Company v. Paper Machinery Corporation
    • United States
    • U.S. District Court — Eastern District of Wisconsin
    • January 14, 1965
    ...not invalidate the patent. Westinghouse Electric & Mfg. Co. v. Saranac Lake Electric Light Co., 2 Cir., 113 F. 884; Bryce Bros. Co. v. Seneca Glass Co., C.C., 140 F. 161. Thus the issue to be resolved is narrowed to whether the use of the Merta machine to produce cups in Chicago prior to th......
  • American Caramel Co. v. Thomas Mills & Bro
    • United States
    • U.S. Court of Appeals — Third Circuit
    • December 3, 1906
    ... ... Elizabeth ... v. Pavement Co., 97 U.S. 126, 24 L.Ed. 1000; Bryce ... v. Seneca Glass Co. (C.C.) 140 F. 161. It is denied that ... there ... ...

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