Imperial Brass Mfg. Co. v. Nelson

• Decision Date: 07 January 1913
• Docket Number: 1,936.
• Citation: 203 F. 484
• Parties: IMPERIAL BRASS MFG. CO. v. NELSON.
• Court: U.S. Court of Appeals — Seventh Circuit

203 F. 484

IMPERIAL BRASS MFG. CO. v. NELSON.

No. 1,936.

United States Court of Appeals, Seventh Circuit.

January 7, 1913

Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Arthur L Sanborn, Judge.

Suit in equity by the Imperial Brass Manufacturing Company against Alexander Nelson, doing business under the name of A. Nelson Manufacturing Company. Decree for defendant, and complainant appeals. Affirmed.

For opinion below, see 194 F. 165.

PATENTS (s 328*)-- ANTICIPATION-- COMPRESSION PIPE COUPLING.

The Burgess patent, No. 906,099, for a compression pipe coupling held void for anticipation by a device in all practical respects the same, known and in public use prior to the application of the patentee.

George E. Waldo, of Chicago, Ill., for appellant.

Arthur F. Durand, of Chicago, Ill., for appellee.

Before BAKER, SEAMAN, and KOHLSAAT, Circuit Judges.

KOHLSAAT Circuit Judge.

Appellant herein termed complainant, filed its bill to enjoin infringement of claims 3 and 4 of patent No. 906,099, granted to W. S. burgess on December 8, 1908, for a compression coupling, of which patent complainant was, by due assignment the owner. The invention covers a union or coupling for firmly connecting the ends of pipes or rods to each other, or to any desired structure, without solder or brazing. The claims sued on read as follows, viz.:

'3. In combination, a pair of tubular coupling-members threaded one into the other, the inner end of the inner coupling-member being annularly recessed and shouldered to receive the end of the member to be coupled, and a hard-metal sleeve inclosed within the coupling-members and tapered longitudinally to a bendable annular edge, the larger end of this sleeve abutting against the outer coupling-member and the thin tapered edge entering the recessed entrance end of the other member and having contact only with the inner annular corner thereof, for the purpose set forth.

'4. In combination, a pair of tubular couplings and means for adjustably connecting them, one of the couplings being provided with an internal shoulder against which the coupled member abuts and with a flaring entrance end, and a hard-metal sleeve tapered forwardly to a thin bendable edge, the larger end of this sleeve having abutment against one of the coupling-members and its tapered end extending into the flared mouth of the other member and having an annular contact near its tapered end with the flared entrance end aforesaid, whereby, when the coupling-members are drawn hard together, the said thin bendable edge of the sleeve will be swaged inwardly to form an inwardly extending annular bead and a similarly shaped groove in the coupled member.'

On the hearing, the court found for the defendant, and dismissed the bill for want of equity. From the claims, specification, and drawings, it will be seen that the component parts of the device of the patent in suit are a male and female coupling member and a tapered sleeve or ring as follows, viz.:

(Image Omitted)

These may be termed, respectively, a nut 'A,' a cone 'b,' and a nipple 'c.'

Drawing 2 of the patent is as follows, viz.:

(Image Omitted)

At line 96, col. 2, p. 1, of the specification, it is said:

'in connecting the union, the nut 10 and sleeve or ring 8 are first placed over the end of the pipe or tube 1. The end of said pipe is then inserted into the open end of the bushing 3 until the end thereof abuts against the shoulder 7 at the end of the recess 6 therein. The thread of the nut 10 is then engaged with the thread on the bushing 3, and said nut is screwed up until the small end of the sleeve or ring 8 is forced into strong engagement with the rounded edge 9 at the outer end of the recess 6 in said bushing 3; said nut 10 being preferably turned or set up until the pressure on said tapered sleeve or ring 8 is sufficient to cause the rounded edge 9 of the bushing 3 to swage an interior bead on said sleeve or ring 8, which will in turn swage a corresponding groove in the external surface of the pipe or tube 1, as shown at 13. Said bead, being interlocked with said groove, will operate in an obvious manner to prevent the pipe or tube 1 from being withdrawn from the bushing 3.'

It is evident that the device of the claims in suit does not include the pipes or rods to be coupled, since it is for a means of effecting the coupling, and not for a coupled set of pipes or rods, so that the groove in the pipe is no part of the patent. Complainant's expert was asked on cross-examination (X.Q. 80):

'And does that coupling structure include the indented pipe?'

His answer was:

'I do not so understand, but merely that it is a coupling to be applied to a pipe in the manner described, and so as to indent it, if desired.'

Manifestly, therefore, Fig. 2 above shows an application of the patent to the parts to be coupled.

Appellee (termed defendant herein) interposes the defenses of want of validity and of infringement. The answer sets up a great many prior patents, of which we need consider only the following, viz.: Patent No. 91,319, granted to J. J. Fifield on June 15, 1869, for a pipe coupling. In this device, the nut 'D,' the tapering ring-wedge or cone 'b,' and the nipple 'c' are shown. The specification at line 13, col. 1, p. 1, reads:

'In carrying out my invention, I employ a short tube, or auxiliary pipe, to receive the ends of the two pipes to be coupled; they being inserted into such tube from its opposite extremities. On and around the coupling tube I cut a male screw, extending from each end of the tube toward its middle and to a prismatic flange, circumscribing the coupling tube. The bore of the coupling-tube I construct bell-mouthed, or tapering near each end of it; such being to receive a ring-wedge, to encompass the pipe to be connected to the coupling-tube.'

Commencing at line 1, col. 2, p. 1, it is said:

'The nuts, when so screwed against the wedge-rings, operate to crowd the said rings into the conical mouths of the tube C, and consequently force them to contract such rings, so as to cause them to embrace and fit closely to the pipes A B, and make therewith and with red lead, putty, or other suitable joint-tightening material or compound previously inserted in the said mouths, tight joints between the pipe and the coupling-tube. The taper of each of the ring-wedges, or wedge-rings, both inside and outside, should be such as to enable the putty to flow between the opposite surfaces of the coupling-pipe and the pipe surrounded by the wedge-ring.'

Figure 2 of the drawings is as follows:

(Image Omitted)

Patent No. 181,714, granted to H. Pennie, August 29, 1876, for pipe and hose coupling. 'this invention,' says the inventor at line 11, col. 1, p. 1--

'relates to a new mechanism for firmly connecting two pieces of lead pipe, rubber hose, or other soft tubing; and consists, principally, in effecting the desired result by means of an outer soft-metal shell or sleeve, which is pressed into the soft pipe or tube; also, in the arrangement of mechanism for pressing the ends of said shell or sleeve into or against the pieces of pipe to be joined, all as hereinafter more fully described.'

This device has the sleeve or cone with soft tapered and reduced ends and hard middle portion. It also has coupling nuts with conical extensions differing in angle from that of the tapering ends of the cone or sleeve, whereby, when the nut is advanced upon the sleeve or cone, the reduced or tapered ends of the latter are compressed and sunk into the pipes to be coupled with such force as to insure their permanent connection with the sleeve or cone, and produce a tight joint. This patent also calls for the process.

'3. The process, herein described, of joining two ends of pipe A B by inserting them within a cylindrical continuous sleeve, and thereupon crowding the ends of said sleeve closely against the pipes, substantially as specified.'

Fig. 2 of the patent is as follows:

(Image Omitted)

Patent No. 275,193, granted to L. Grannan, April 3, 1883, for packing for valve-stems. The patentee provides for the coupling nut, the pipes to be connected, an inclosed annular recess formed around the valve-stem, into which he inserts a soft metal ring shaped like two hollow cones with joined bases, making a double cone which slips over the valve stem.

'by thus tapering the outside of the ring F from the center to each end of the same, a comparatively thin edge b is made thereon at such end that will fit around the valve-stem.'

At line 62, col. 2, p. 1, (Record, p. 471) it is said:

'to apply my improved packing-ring to the valve, it is placed over the stem, the cap E and hand-wheel G being understood as removed until the lower tapering side of the ring rests upon the blunt edge made by the conical recessing of the upwardly-extending portion B, when the...