Newhall v. McCabe Hanger Mfg. Co.

• Decision Date: 15 July 1902
• Citation: Newhall v. McCabe Hanger Mfg. Co., 117 F. 621 (S.D. N.Y. 1902)
• Parties: NEWHALL v. MCCABE HANGER MFG. CO. et al.
• Court: U.S. District Court — Southern District of New York

117 F. 621

NEWHALL v. MCCABE HANGER MFG. CO. et al.

United States Circuit Court, S.D. New York.

July 15, 1902

Frederick S. Duncan, for complainant.

Ewing Whitman & Ewing, Thomas Ewing, Jr., and George H. Gilman, for defendants.

THOMAS District Judge.

The motion is to restrain the manufacture and sale by the defendants of a fire door lock, on account of alleged infringement of claims 4, 5, and 10 of complainant's patents No. 680,415, of August 13, 1901, on thermal door-closing apparatus, and claim 20 of patent No. 680,458 of the same date, on door-closing apparatus, both issued to Oliver H. Kingsland. The claims involved are as follows Patent No. 680,415:

'(4) The combination, with a self-closing door, of a sliding bolt capable of being manually moved in the path in which it slides, and a device comprising a thermal fuse for holding it in that path, releasable by heat for permitting the movement of the bolt out of that path.

'(5) In a thermal door-closing apparatus, a self-closing door, a thermal fuse, a bar extending across the line of travel of the door and capable of being manually withdrawn out of said line of travel, a locking device connected with said thermal fuse for holding the bar in said path when the fuse is intact, and permitting the movement of the bar out of said path when the fuse is broken.'

'(10) A manually movable bolt, a movable support upon which said bolt is movably mounted, a thermal fuse, retaining devices engaging said support, and means connected to said thermal fuse to releasably hold said support and said retaining devices in engagement, whereby, if said bolt is engaged by a self-closing door, the force of said door tends to disengage said support and said retainer.'

Patent No. 680,458:

'(20) The combination, with a self-closing door, of a sliding bolt capable of being manually moved in the path in which it slides, and a device for holding it in that path, releasable by heat, for permitting the movement of the bolt out of that path.'

The defendants' device is the subject of letters patent No 703,347, issued June 24, 1902, to James T. McCabe. The following extract from the specification describes it: 'A represents a wall having therein the passage, B, which it is desired to protect by the door, C, the door sliding on the inclined track, D, which tends to throw the door to its closed position. A plate, E, is attached to the wall of the passage, and is provided with retainers, F, which normally hold the shell, G, inclosing the bolt, H, the bolt being capable of being manually slid in the shell (the latter being held by the retainers) to disengage it from the door. The bolt and shell together form what may be generically termed a 'latch.' The bolt-shell, G, has a hook, I, thereon, and to this hook is attached a cord, wire, or chain, J, which passes freely over t pulley, K, and is attached to a fixed support, as at L. Inserted in this cord is a piece, M, of the suitable...