Eldred v. Kessler
| Decision Date | 07 February 1900 |
| Docket Number | 709. |
| Parties | ELDRED v. KESSLER. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Appeal from the Circuit Court of the United States for the District of Indiana.
The Chambers patent, No. 492,913, was granted upon an application filed November 21, 1892, and the drawings and specifications are as follows:
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is an induction coil, connected therewith. C and C' are the wires connected with said coil. D denotes a standard upon which rests a lamp, E, provided with a wick tube, as at e. The chamber of the lamp is constructed preferably of metal. One of the wires, as the wire C, is electrically connected with said standard; the current, when the circuit is completed, passing through the standard and lamp and adjacent to the exposed portion of the wick. F denotes an arm which may be supported on said standard, D; said arm extended into proximity to the lamp wick. The other wire, as the wire C', is extended through said standard, and insulated therefrom, and electrically connected with said arm. G denotes insulating material, and H is a connecting metallic bar, electrically uniting said wire, C', and the arm, F; said bar being insulated from the standard, D, and from the lamp. The arm, F, may be fulcrumed upon the bar, H, as at h, and provided at its lower end with an operating handle. At the end adjacent to the lamp wick, the arm, F, is provided, preferably, with a piece of wire, F'; the wire being cooled, as shown at f, between its outer extremity and the arm. The extremity of the arm projects normally over the wick, at which point it is also provided with an insulating cap, F2, and with an extension, F3 (Fig. 5); the cap and its extension acting as an extinguisher. The lamp may have a removable engagement with the standard, D'; the standard being constructed with a flanged seat, d, for the lamp, the flange being provided with a retaining recess, as at d', and the lamp being provided with a pin, e', engaging said recess. The operation of the device as now described is evident. By moving the arm, F, upon its fulcrum, the wire tip, F', is brought first into contact with the metal of the lamp adjacent to the wick, thereby completing the electrical circuit. As the arm, F, continues to be moved further, said wire point is disconnected from the lamp, producing an electric spark adjacent to the lamp wick, and igniting the lamp. J is a spring to automatically return the arm, F, to normal position out of electrical connection with the lamp, and bringing the insulating cap and the extinguisher into position to extinguish the lamp. By removing the spring from its bearing upon the arm, it may be held out of normal position, allowing the lamp to burn freely for any length of time desired. The lamp may be thus removed from the standard and carried about, if desired. I do not limit myself to any particular material to supply combustion in the lamp, but find gasoline very suitable, and I prefer to saturate a supply of cotton, as indicated at e2, within the lamp, or analogous material, with the gasoline. Alcohol or other suitable material may, however, be used, instead of gasoline. As shown in Fig. 4, the lamp is hinged to the standard, as at E2. As so constructed, the arm, F, may remain stationary, and the lamp be moved, so as to form electrical connection with the wire tip upon the arm, F, and automatically light the wick. By this construction, shown in said last-named figure, either the arm or the lamp may be moved, as may be desired, to produce ignition. In Fig. 2, the lamp, instead of being directly supported upon the standard, is suspended upon shaft, K, of a gear, K', meshing with a gear, L, rigidly connected with the arm, F. By this latter construction, evidently, when the upper end of the arm is moved in one direction, the upper end of the lamp is moved in the opposite direction. In this case both the arm and lamp are movable. It will be seen, thus, that the lamp is self-lighting and self-extinguishing, by moving either the arm, F, or the lamp. The lamp, being movable, may be taken out from the support and carried about. The device is adapted for a wide variety of uses. It may conveniently be used as a cigar lighter, for lighting gas jets, and for other analogous purposes. As shown in Fig. 1, the standard, D, is vertically adjustable in the base, A, so as to raise and lower the lamp to a desired height. A set screw, M, may be provided to hold the standard in position. A screw, j, insulated from the standard, D, serves to hold the spring in place, while an additional similarly insulated screw, N, serves as a stop for the arm, D, when automatically returned to normal position. The screws may be made of insulating material, or the standard, D, may be provided with insulating material.'
Infringement is alleged of claims 1, 7, 10, and 12, reading as follows:
The Eberhard & Schimkatt patent, No. 522,934, was granted upon an application filed September 25, 1893, and the drawings and specifications are as follows:
, that serves as a reservoir for receiving the oil or liquid fuel; said reservoir having a nozzle, A2, for filling purposes, a cap or plug, A3, being provided for said nozzle. The lamp is pivotally hung, as at C, between a pair of arms or brackets, B, that are suitably connected at the top by a cross member, B', suspended from the ceiling or support overhead by means of the insulated wires, D and D', that lead from the two terminals of an electric battery...
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Hurd v. Seim
...by Eldred's (the Chambers patent). That adjudication was affirmed by the Circuit Court of Appeals in the Seventh Circuit. Eldred v. Kessler, 106 F. 509, 45 C.C.A. 454. That became the law of the case in that circuit as to particular subject-matter between these parties and their privies. Th......
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Eldred v. Kirkland
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