Cary v. Domestic Spring-Bed Co.

Decision Date28 July 1885
PartiesCARY and another v. DOMESTIC SPRING-BED CO. [1]
CourtU.S. District Court — District of New Jersey

Samuel A. Duncan and Wm. E. Witter, for the motion.

Collins & Corbin, contra.

NIXON J.

This is an application for a preliminary injunction, and under the well-established rules and principles governing such applications in this circuit, the motion must prevail. The patent on which the suit is brought is for an 'improvement in modes of tempering springs. ' The invention relates to spiral springs in a conical form, used in upholstering sofas, chairs, and in bed bottoms, and consists in subjecting the springs to a tempering process after they have been completed in the usual manner, whereby their strength and elasticity are greatly increased. In the specifications of the patent the inventor (Cary) states that the ordinary furniture spring is made of hard-drawn wire coiled and forced to the proper shape, and when this is done the spring is considered finished, without having been subjected to any tempering process other than what is incidental to the drawing of the wire. The metal being greatly condensed and hardened in the process of drawing the wire, a good degree of elasticity is given the wire thereby but in bending and coiling the wire into the proper shape the metal is unavoidably weakened. The outer portion of the wire coil is drawn or stretched, while the inner portion is crushed or shortened. When straight bars of wire are subjected to the bending process, the stretching or drawing of the outer, and crushing of the inner, portions are inevitable results. This greatly reduces the elasticity strength, and durability of the spring. The patentee claims that he has discovered a method of restoring the wire, after being bent or formed into springs, to its normal condition. He does it by subjecting the spring to a degree of heat known as 'spring-temper heat,' which is about 600 degrees, more or less, for about eight minutes. He regards this temperature as sufficient to so far relax or produce a complete homogeneity of the metal of the spring as to add from 20 to 30 per cent. to the value of the spring consequent on its increased powers of resistance.

The validity of the complainants' patent was incidentally involved, and perhaps to a limited extent considered, by the supreme court in Eagleton Manuf'g Co. v. Cary Manuf'g Co., 111 U.S. 490, S.C. 4 S.Ct. 593, wherein the question of...

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  • Radio Corporation of America v. Radio Engineering Laboratories
    • United States
    • U.S. Supreme Court
    • May 21, 1934
    ...& Paper Co. v. American Paper Pail & Box Co. (C.C.) 48 F. 913; Rousso v. First Nat. Bank (C.C.A.) 37 F.(2d) 281; Cary v. Domestic Spring-Bed Co. (C.C.) 27 F. 299; 3 Robinson, Patents, § This court in affirming the decrees in favor of De Forest did not say out and out that it would have reac......
  • Edison Elec. Light Co. v. Beacon Vacuum Pump & Elec. Co.
    • United States
    • U.S. District Court — District of Massachusetts
    • February 18, 1893
    ... ... v. Accumulator Co., 50 F. 833; ... Robertson v. Hill, 6 Fish.Pat.Cas. 465; Cary v ... Domestic Co., 27 F. 299; Coburn v. Clark, 15 F ... 804; Mallory Manufacturing Co. v ... Lockwood v. Faber, 27 F. 63; Glaenzer v ... Wiederer, 33 F. 583; Cary v. Spring Bed. Co., ... 26 F. 38 ... There ... is no denial of infringement in the present case ... ...
  • Philadelphia Trust, Safe-Deposit & Insurance Co. v. Edison Electric Light Co. of New York
    • United States
    • U.S. Court of Appeals — Third Circuit
    • January 11, 1895
    ...the United States in like cases. Sessions v. Gould, 49 F. 855; Electrical Accumulation Co. v. Julien Electric Co., 47 F. 892; Cary v. Spring-Bed Co., 27 F. 299; Coburn Clark, 15 F. 804; Siebert Cylinder Oil Cup Co. v. Michigan Co., 34 F. 33; Ladd v. Cameron, 25 F. 37. The decree of the circ......
  • Earl v. Southern Pac. Co.
    • United States
    • U.S. District Court — Northern District of California
    • August 17, 1896
    ... ... Accumulator Co., 50 F. 833; Robertson v. Hill, 6 ... Fish Pat.Cas. 465, Fed.Cas.No. 11,925; Cary v ... Spring-Bed Co., 27 F. 299; Coburn v. Clark, ... 15 F. 804; Manufacturing Co. v. Hickok, 20 ... ...
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