General Electric Co. v. Bullock Electric Mfg. Co.
Decision Date | 12 August 1907 |
Citation | 155 F. 740 |
Parties | GENERAL ELECTRIC CO. v. BULLOCK ELECTRIC & MFG. CO. |
Court | U.S. District Court — District of New Jersey |
W. K Richardson and A. D. Salinger, for complainant.
Thomas F. Sheridan and Clifton V. Edwards, for defendant.
The complainant is the owner of the Morrow patent, No. 504,401 and of the Reist patent, No. 559,910, each for an armature for dynamo electric machines. They are capable of conjoint use. Each patent was issued to the complainant as assignee of the inventor. The defendant is charged with their infringement, and the defense set up as to each patent is invalidity of the patent and noninfringement.
The Morrow patent was applied for May 13, 1893, and granted to the complainant, as Morrow's assignee, September 5, 1893. The figures accompanying the patent are as follows:
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In the specification of the patent Morrow says:
The patent has three claims, but the second claim only is alleged to be infringed. That claim is as follows:
'An armature core comprising layers of segmental laminae dovetailed to an internal supporting shell, in which the segments in consecutive layers break joints, substantially as described.'
Morrow was not the first to use segmental laminae in building up armature cores. Nor was he the first to use connecting projections and grooves between the spider and the laminae of an armature core. The British patent, No. 238, issued July 6, 1889, to Gibbs & Fesquet; the Geisenhoner patent, No. 414,900, dated November 12, 1889; the British patent, No. 19,011, issued October 18, 1890, to Hopkinson; the British patent, No. 4,858, issued February 7, 1891, to Kapp; the Lundell patent No. 461,795, dated October 20, 1891; and the Smith patent, No. 492,244, dated February 21, 1893-- all describe segmental laminae so assembled as to break joints. In all of these patents of the prior art, however, except possibly Hopkinson and Smith, the segmental laminae are fastened to the frame of the armature by bolts running transversely through the laminae and parallel with the shaft of the spider or armature. In Hopkinson, the method of fastening the laminae to the frame of the armature is not described, unless it be in the language of the specification, which declares that:
'The friction between the plates is sufficient to keep them in place just as well as if they were entire rings.'
In Smith's patent the inner peripheries of the laminae are welded together, thus obviating the necessity of bolts. In none of the abovementioned patents are there any dovetail connections between the spider and the armature.
In British patent No. 4,302, issued to Crompton March 3, 1884, and in United States patent No. 387,343, issued to Crompton August 7, 1888, the laminae are complete annuli, and are provided on their inner peripheries with dovetail grooves, into which are fitted the dovetail ends of the arms of the spider. The arms, however, at their inner ends, fit into the hub that surrounds the shaft in such fashion that the hub may be withdrawn, leaving the arms attached to and held in the laminae by reason of their dovetail connections with the laminae. In the specification of each of these Crompton patents it is said:
And in the Parshall patent, No. 493,337, dated March 14, 1893, the laminae are complete annuli. The inner periphery of each of the annuli contains a series of notches or grooves, which the patent declares are 'preferably of a dovetail or undercut shape. ' The specification further says:
'The notches are similarly arranged in all the disks, so that when the disks are assembled the notches will register and form grooves running lengthwise of the core.'
Longitudinal dovetail grooves are also cut in the outer surface of the spider. When the laminae are assembled on the spider and properly arranged, the dovetail grooves in the spider and those in the laminae are opposite to each other, and into them keys are fitted, though the specification says the keys 'may be cast integral with the shell,' or spider. The keys are made somewhat smaller than the grooves, and are fastened in the grooves by Babbitt metal or similar material poured therein. The patentee says:
'It is preferable to dovetail the grooves and keys, though any suitable shape may be given to them.'
This reference to the prior art is sufficient to present for intelligent consideration the question as to whether the Morrow patent contains any patentable novelty. It is conceded by the complainant that there was nothing novel in Morrow's use of segmental laminae. It is also contended by the defendant that there was nothing novel in Morrow's use of the dovetail connections between the spider and the laminae. But it will be observed that the functions of the dovetail grooves of the two Crompton patents are, first, to receive the ends of the spider arms for a driving purpose and, second, to hold the arms in place when the hub is removed. In the Parshall patent the function of the dovetail grooves is only to receive the keys, by which the laminae are locked to the spider, for a driving purpose. But when we turn to the Morrow patent we find that the functions of the dovetail connections between the spider and the laminae are, first, to lock the laminae to the spider for a driving purpose, and, second, to do so in such manner that they cannot possibly be driven...
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