Galvin Electric Mfg. Co. v. Emerson Electric Mfg. Co.

• Citation: 19 F.2d 885
• Decision Date: 17 May 1927
• Docket Number: No. 7608.,7608.
• Parties: GALVIN ELECTRIC MFG. CO. v. EMERSON ELECTRIC MFG. CO.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

19 F.2d 885 (1927)

GALVIN ELECTRIC MFG. CO. v. EMERSON ELECTRIC MFG. CO.

No. 7608.

Circuit Court of Appeals, Eighth Circuit.

May 17, 1927.

John H. Bruninga, of St. Louis, Mo., for appellant.

Lawrence C. Kingsland, of St. Louis, Mo. (John D. Rippey, of St. Louis, Mo., on the brief), for appellee.

Before LEWIS and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

This is an appeal from a decree in a suit for infringement of a mechanical patent, brought by the Emerson Electric Manufacturing Company (hereinafter called plaintiff) against the Galvin Electric Manufacturing Company (hereinafter called defendant), in which the patent was sustained and infringement found.

The patent involved is No. 1,256,121. The application was filed by Herbert I. Finch and Thomas M. Meston, on September 10, 1917. The patent issued February 12, 1918, to the plaintiff as assignee. It is for certain improvements in the oscillating mechanism of electric fans of the general type commonly used in homes and offices. The purposes of the device are set forth in the specification as follows:

"It is the purpose of our invention not only to provide an arrangement whereby the selective variation of adjustment is rendered practically infinite, so that any adjustment of the fan's oscillatory stroke between maximum and zero may be made, but also to provide a device of greatly simplified construction, one in which the necessary adjustments may be made very easily, both while the fan is operating or stationary, one in which the selected adjustment, though easily accomplished when desired, may not be changed by the ordinary operation of the device, thus insuring its permanency, and to provide a device in which the various operating parts are entirely housed and protected and entirely free from casual disorders."

The following claims are involved:

"1. In a fan, an oscillating mechanism including a rotary member, means for rotating the same, a block carried by the rotary member and movable across the axis of rotation thereof, a thrust link having pivotal connection with said block, a stationary pivotal connection for the other extremity of said link, and an adjusting member supported on the rotary member and adjustable relative thereto about the axis thereof, there being operative connection between said adjusting member and said block whereby the latter may be moved toward and from the axis of the rotary member by adjustment of said adjusting member.

"2. In a fan, an oscillating mechanism including a rotary member, means for rotating the same, a block carried by the rotary member and movable relative thereto, a thrust link having pivotal connection with said block, a stationary pivotal connection for the other extremity of said link, an adjusting member carried by the rotary member and adjustable relative to said block and said rotary member about the axis of the latter, and an operative connection between said adjusting member and said block whereby the point of connection of the link on the block may be moved into and out of the rotary axis of the rotary member.

"3. In a fan, an oscillating mechanism comprising the combination of a rotary member, means for driving the same, an adjusting member supported by said rotary member and rotatable concentrically relative thereto, a block carried by the rotary member and movable transversely thereof, an operative connection between the adjusting member and said block whereby the latter may be moved relative to the rotary member by rotation of the former, and a thrust link having pivotal connection at one end with said block and at the other end with a stationary mounting.

"4. In a fan, an oscillating mechanism including the combination of a rotary member, means for rotating the same, an adjusting member adjustable about the axis of the rotary member, a block adjustable specially relative to the axis of the rotary member, an operative connection between the adjusting member and the block whereby the latter may be moved by adjustment of the former, and a thrust link having pivotal connection at one extremity with the block and at the other extremity with a fixed mounting."

We here reproduce Figures 1, 2, 3, 4, and 5 of the patent drawings:

The elements included in claim 1 are:

(1) A rotary member. Its parts are shown in Figures 1 and 2 of the drawings and are marked 5 and 7. It consists of a shaft connected with the operating mechanism driven by the motor of the fan and a wheel or disk at the lower end of the shaft.

(2) Means for rotating the same. This is the driving mechanism, which comprises a worm wheel and a pinion and a gear by which the shaft 5 is driven from the rotor shaft 2 at a reduced speed.

(3) A block carried by the rotary member and movable across the axis of rotation thereof. This part is marked 12 in the patent drawings. The wheel at the lower end of the shaft of the rotary member has a slot across the face thereof. The block carried by the rotary member slides in this slot between the axis and the circumference of the wheel.

(4) A thrust link having pivotal connection with the block. This is the part marked 8 in the drawings. One end of it is pivotally connected with the block 12 by means of a pintle screw 22.

(5) A stationary pivotal connection for the other end of the link. This is the connection between the link and a stationary part of the fan, and is shown in the form of a screw at the lower part of Figure 2 of the drawings and in the plan at the right of Figure 3 of the drawings.

(6) An adjusting member supported on the rotary member and adjustable relative thereto about the axis thereof. This is the member 15 that is supported on the rotary member or carried by it. It has a circumferential movement upon a common axis with the rotary member.

(7) The operative connection between the adjusting member and the block whereby the block is moved towards and away from the axis of the rotary member by movement of the adjusting member. This connection is provided by a slot in the block and a pin mounted on the adjusting member that engages the slot. The adjusting member revolves about the center of rotation of the rotary member. When the adjusting member is revolved, the pin moves in the slot and carries the block back and forth from the axis to the circumference of the wheel of the rotary member.

Claims 2, 3, and 4 are so similar to claim 1 that a detailed analysis thereof is unnecessary.

The patented device is an extremely simple and efficient construction, by which the crank arm may be set at zero, and at practically any point between zero and the maximum limit of throw, by the direct movement of the block 12, accomplished through the simple circumferential movement of the adjusting member.

The results produced are:

(1) Practically infinite adjustment in the extent of oscillation of the fan; (2) simplicity in construction; (3) freedom from disorder; (4) freedom from danger of accident; (5) ease of adjustment.

Because of the coaxial relationship between the adjusting member and the rotary member, which results in the adjusting member retaining a fixed position in relation to the rotary member, the fan may be conveniently adjusted by the operator, either while stationary or while in operation. In other words, the adjusting member and the rotary member operate concentrically, and therefore, in making an adjustment, the two members have a common movement. This is a distinct improvement over the prior art, because, in all the fans shown in the prior art, the adjusting member travels in an eccentric path in relation to the rotary member, and the operator is confronted with a double movement, to which he has to adapt his hand and arm in making an adjustment.

The commercial device of the patent in suit has attained a marked success. The sales for the years 1919 to 1925, inclusive, aggregated $4,500,000.

The defenses urged are:

1. Invalidity of the claims based upon the following contentions:

(a) That there is no combination.

(b) That the sole improvement is in the adjustable crank disk.

(c) Anticipation in the prior art.

(d) Lack of patentable novelty.

2. Noninfringement.

The primary contention of counsel for defendant is that the sole distinction between the patent in suit and the prior art resides or is found in the specific adjustable crank disk of the patent in suit. Counsel for defendant say that the patent contains two sets of claims, 6 and 7, directed to a crank disk per se, and 1 to 4, inclusive, directed to a combination including the specific crank disk aggregated with the elements of an oscillating mechanism, that such combination is old in the prior art, and that the only distinction between the prior art and the patent in suit is the specific crank disk employed in the latter. Arguing from this premise, they say the patentable subject-matter, if any, is not in the combination, but in the specific adjustable crank disk, and that it therefore follows that the claims directed to the combination cannot be sustained. An examination of the patent discloses that claims 6 and 7 are for a combination of elements, and that they were undoubtedly granted as such by the Patent Office. The issuance of the patent raises the presumption that these claims are valid combinations. Johnson Automobile Lock Co. v. Noser Instant Auto Lock Co. (C. C. A. 8) 9 F.(2d) 265, 267; Lehnbeuter v. Holthaus, 105 U. S. 94, 26 L. Ed. 939; Wilkins Shoe-Button Fastener Co. v. Webb (C. C.) 89 F. 982, 996; Schumacher v. Buttonlath Mfg. Co. (C. C. A. 9) 292 F. 522; Zip Mfg. Co. v. Pusch (C. C. A. 8) 2 F.(2d) 828; National Hollow B. B. Co. v. Interchangeable B. B. Co. (C. C. A. 8) 106 F. 693, 707. The elements included therein are a crank disk, a block, an adjusting member, having a common axis with the rotary member, and a connection between the block and the adjusting member. This combination of elements produces in a very simple but highly efficient...