Field v. Knowles
| Decision Date | 30 June 1950 |
| Docket Number | Patent Appeals No. 5692,5693. |
| Citation | 86 USPQ 373,183 F.2d 593 |
| Parties | FIELD v. KNOWLES. FIELD et al. v. KNOWLES. |
| Court | U.S. Court of Customs and Patent Appeals (CCPA) |
COPYRIGHT MATERIAL OMITTED
Curtis, Morris & Safford, New York City, Cameron, Kerkam & Sutton, and Ralph H. Hudson, Washington, D. C., (Loyd H. Sutton, Washington, D. C., Edward G. Curtis, and Charles C. Ladd, New York City, of counsel), for appellants.
Paul Bliven, Seattle, Wash. (Richard R. Trexler, Chicago, Ill., and Charles L. Sturtevant, Washington, D. C., of counsel) for appellee.
Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, and JOHNSON, Judges.
On August 28, 1942, an interference, No. 80,398 was declared by the Primary Examiner in the United States Patent Office between the patent applications of Crosby Field, No. 352,709, filed August 15, 1940, and Frank W. Knowles, No. 262,869, filed March 20, 1939. The single count of the interference related to Field's claim 41 and Knowles's claim 50 which the parties had added to their applications at the suggestion of the examiner for interference purposes. On February 12, 1943, Knowles moved to dissolve the interference alleging inoperativeness of the Field device. Additionally, Knowles considered the count broader than his invention, and did not believe Field could make a claim reciting a limitation, not present in the count, which Knowles believed essential to operativeness; as a consequence of which Knowles was "cancelling the claim" from his application, and moved for dissolution of the interference, stating that his action was not a concession of priority to Field as to their respective materials. Field's assignee on February 27, 1943, moved to amend the issue in Interference No. 80,398 by adding counts drawn from Field's applications Nos. 352,707, 352,708, and a joint application of Field and Stover, No. 352,710, as well as moving to dissolve the interference on the ground that Knowles's disclosure was inoperative. On September 21, 1943, the Primary Examiner ruled on the motions of the parties, denying the respective motions to dissolve, and granting the motion of Field's assignee to bring into the interference the additional applications of Field and Field and Stover as to certain of the proposed counts. On November 17, 1943, the Primary Examiner added to Interference No. 80,398 the Field applications Nos. 352,707 and 352,708. Field thus had three applications in interference with the Knowles application with the relationship of the interference counts and claims of the applications being as follows:
Counts Field Case A Field Case B Field Case B Knowles
(352,709) (352,708) (352,707) (262,869)
1 41 50
2 22 51
3 38 52
Also on November 17, 1943, the Primary Examiner declared Interference No. 21,217 to exist between the Field and Stover application No. 352,710 and the before-mentioned Knowles application No. 262,869, the relationship of counts and claims being as follows:
Counts Field et al. Knowles
1 29 37
2 31 48
3 32 43
Both parties took testimony, each incorporating into a single record the evidence relied upon for both interferences. The cases came on for hearing before the Board of Interference Examiners in the U. S. Patent Office, which rendered its separate decisions on May 28, 1948, awarding in Interference No. 80,398 priority of invention as to count 1 to Field, and as to counts 2 and 3 to Knowles. Priority of invention as to all counts in Interference No. 81,217 was awarded to Knowles. Knowles entered no appeal as to the adverse ruling on count 1 in Interference No. 80,398. Field has appealed from the board's decision in Interference No. 80,398, noting 47 assignments of error, while Field and Stover have appealed from the decision in Interference No. 81,217, bringing 35 assignments of error in that case before us.
The appellants' applications in interference were filed August 15, 1940. The appellee's application was filed March 20, 1939. Appellee having filed his application first, the presumption arises that he is the first inventor, Gallagher v. Hien, 25 App. D.C. 77, 68 L.R.A. 272, and the burden is thus on the appellants as junior parties to establish priority of invention by a preponderance of the evidence, Anderson v. Walch, 152 F.2d 975, 33 C.C.P.A., Patents, 774.
Interference No. 80,398, P.A. 5692.
As will appear from the counts, the subject matter involved is refrigerating apparatus wherein liquid frozen on the surface of a flexible metal belt passing over a refrigerated surface is removed therefrom by a flexing of the belt by means provided therefor in the apparatus.
The counts of Interference No. 80,398 read as follows:
Count 1 requires an apparatus with a curved evaporator with refrigerated surface; an endless, flexible, movable belt held against that surface by means of a roller urged against the inner surface of the belt, flexing the belt; means for supplying water to be frozen to the belt; and anti-freeze liquid between the belt and evaporator. Count 2 adds means for closing the open sides of the belt. The belt is not required to be movable with relation to the evaporator. Count 3 requires the end closure means to include an apron extending from the belt coacting with the closure means to perfect the seal.
In Field case A (352,709) the metal belt travels over two spaced pulleys and slides over the convex curved surface of a stationary evaporator. Between the evaporator and the belt, an anti-freeze fluid augments the heat transfer relationship between the evaporator and belt as well as diminishes the sliding friction between the surfaces. Liquid to be frozen is spread upon the moving belt as it slides over the evaporator. As the belt passes around the end pulley, the ice is peeled off as the belt makes the sharp turn around the pulley.
In Field case B (352,708) the evaporator is cylindrical. The metal belt passes around the cylinder and is held in contact with a greater portion of its circumferential surface area by means of twin rollers spaced apart from the cylinder and positioned within the encompassing belt so as to contact its inner surface at each end. The rollers are urged against the under surface of the belt at its ends, tensioning the belt around the cylinder. The rollers are mounted on supporting arms keyed to a hub at each side of the drum. These deflector rollers revolve about the axis of the shaft mounting the hubs of their supporting arms, moving first in one direction, then in the opposite direction. The surface of the belt under which the rollers pass is flexed, dislodging the ice which has frozen there. Anti-freeze fluid is introduced between the belt and the cylinder to improve the heat transfer relationship and to lubricate those surfaces. Rubber aprons are attached to the edges of the endless belt and affixed to end panels, thereby sealing the space within the inner surface of the belt as it encompasses the cylinder and the moving spaced rollers from the atmosphere. The belt does not revolve about the cylinder, but portions of the belt surface are flexed and lifted away from the drum surface as the roller arms swing back and forth.
In Field case C (352,707) the belt is pulled over a pair of convexly curved evaporators. These evaporators are mounted in upper and lower...
To continue reading
Request your trial
-
Application of Gruschwitz
...F.2d 249, 37 CCPA 813; Miller v. Nemmer et al., 179 F.2d 979, 37 CC PA 866; In re Booge et al., 179 F.2d 986, 37 CCPA 927; Field v. Knowles, 183 F.2d 593, 37 CCPA 1211; In re De Vaney, 185 F.2d 679, 38 CCPA In re Pappas et al., 185 F.2d 695, 38 CCPA 746; In re Tamarin, 187 F.2d 160, 38 CCPA......
-
Skil Corp. v. Lucerne Products, Inc.
...adopted the standard for a satisfactory reduction to practice outlined by the Court of Customs and Patent Appeals in Field v. Knowles, 183 F.2d 593, 601, 37 CCPA 1211 (1950): To constitute an actual reduction to practice of a machine, the device must be completed in an operative form capabl......
-
In re Yarn Processing Patent Validity Litigation
...of operation sufficient to indicate its utility in the environment in which it is contemplated to be useful. * * *" Field v. Knowles, 1950, 183 F.2d 593, 601, 37 C.C.P.A., Patents, Radio Corporation of America v. International Standard Electric Corp., 3 Cir. 1956, 232 F.2d 726, 730 n. 9. Se......
-
E. I. du Pont de Nemours & Co. v. Berkley and Co., Inc.
...42 S.Ct. 20, 23, 66 L.Ed. 112 (1921); Decca Ltd. v. United States, 544 F.2d 1070, 1077, 210 Ct.Cl. 546 (1976); Field v. Knowles, 183 F.2d 593, 600, 37 CCPA 1211, 1221 (1950); Plant Products Co. v. Charles Phillips Chemical Co., 96 F.2d 585, 586 (2d Cir. 1938); Besser v. Merrilat Culvert Cor......
-
Patent Anticipation and Obviousness as Possession
...build, or practice the device, compound, apparatus, or process which constitutes the subject matter of the invention." Field v. Knowles, 183 F.2d 593, 600-01 (C.C.P.A. 1950). The requirement for an enabling disclosure is the analog to possession in the real property context. See Holbrook, s......
-
Save a Little Room for Me: the Necessity of Naming as Inventors Practitioners Who Conceive of Claimed Subject Matter - David Hricik, Alexandra Geczi, and Zachary Thomas
...because he was unable to demonstrate a means to accomplish his desired result. Id. at 387. In 1950 the same court in Field v. Knowles, 183 F.2d 593 (C.C.P.A. 1950), recognized that although the junior parties may have had definite ideas as to what they wanted to build and the desired result......