In re Niven

• Decision Date: 27 December 1932
• Docket Number: Patent Appeal No. 3046.
• Citation: 62 F.2d 360
• Parties: In re NIVEN.
• Court: U.S. Court of Customs and Patent Appeals (CCPA)

62 F.2d 360 (1932)

In re NIVEN.

Patent Appeal No. 3046.

Court of Customs and Patent Appeals.

December 27, 1932.

W. W. Harris, of Detroit, Mich. (Clarence B. Zewadski, of Detroit, Mich., of counsel), for appellant.

T. A. Hostetler, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

BLAND, Associate Judge.

Appellant has appealed from the decision of the Board of Appeals of the United States Patent Office, affirming that of the Examiner, refusing to allow claims 9 to 14, inclusive, of his application for a patent, of which claim 9 is typical and reads:

"9. The combination with an internal combustion engine having a plurality of aligned cylinders, pistons operable within the respective cylinders, a single sleeve valve between each piston and associated cylinder having a combined oscillating and reciprocating movement with respect to the sleeve and cylinder axes, and a crankshaft driven by the pistons of a sleeve driving link extending longitudinally of the crankshaft axis and positioned to one side of the plane of the sleeve and cylinder axes, driving means between the crankshaft and link for moving the link in a plane parallel with the plane of the cylinder and sleeve axes whereby the link occupies successive parallel positions, and means spaced longitudinally of the link connecting the link and respective sleeves for imparting to the sleeves the aforesaid movement."

Claims 1 to 3, inclusive, were canceled. Claims 4 to 8, inclusive, were allowed.

The references relied upon are: Delahaye (French), 431,722, November 18, 1911; Tone, 1,300,518, April 15, 1919; Lafitte, 1,537,832, May 12, 1925.

The claimed invention relates to internal combusion engines. The sleeve valves in multiple of the engines are given a combined axial reciprocation and oscillation by use of a single operator common to all the valves; the oscillater being in the form of a link connected with the crank pins at each cylinder of the engine. Appellant's device maintains the sleeve valves in correct relative timing, and it is claimed that it simplifies and reduces the engine cost. A modified form shown in appellant's disclosure has three driving links instead of one, and co-operates with eccentrics rather than with crank pins. The eccentrics are displaced at such an angle that dead center conditions are avoided.

The Board of Appeals was of the opinion that there was nothing inventive shown in appellant's disclosure over that which was shown in the prior art cited.

The French patent to Delahaye relates to a system of distribution for combustion motors involving substantially the same elements as are shown in appellant's disclosure except that the discs which revolve in unison contain sprockets over which passes a single chain. Appellant has substituted a link drive for the endless chain drive.

The Board pointed out that Tone and Lafitte each showed the equivalent of appellant's link. Appellant's argument is that the general chain sprocket wear results in loss of timed motion. The Board was of the opinion that the substituting of the elements...