Rawson v. Western Sand Blast Co.

• Decision Date: 07 October 1902
• Docket Number: 850.
• Citation: 118 F. 575
• Parties: RAWSON et al. v. WESTERN SAND BLAST CO. et al. [1]
• Court: U.S. Court of Appeals — Seventh Circuit

118 F. 575

RAWSON et al. v. WESTERN SAND BLAST CO. et al. ^[1]

No. 850.

United States Court of Appeals, Seventh Circuit.

October 7, 1902

Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois.

James H. Raymond and Otto R. Barnett, for appellants.

John W Munday, for appellees.

Before JENKINS, GROSSCUP, and BAKER, Circuit Judges.

BAKER Circuit Judge.

Appellants filed their bill to enjoin appellees from infringing letters patent No. 405,283, June 18, 1889, to Thompson, and No 494,999, April 4, 1893, to Evans, both for processes of chipping glass. The circuit court held that the Evans patent was void, and that the Thompson patent was not infringed.

Some years ago these appellants brought suit in the circuit court for the Northern district of Illinois against the Suess Ornamental Glass Company for infringement of the Evans patent, and were defeated on the grounds that the process lacked novelty and invention. 81 F. 198. This court affirmed the decision, and denied a rehearing. 28 C.C.A. 24, 83 F 706, 30 C.C.A. 367, 86 F. 779. The supreme court refused to grant a writ of certiorari. 171 U.S. 687, 18 Sup.Ct. 942. Though the former case might not prevent a renewed inquiry into the merits of the Evans patent, we are persuaded that the pronouncements therein, in view of the supreme court's denial of appellant's application for a writ of certiorari, should, in the interest of faith in the stability of judicial decisions, be adhered to by us as the law of the patent.

Thompson describes his invention and makes his claim therefor as follows:

'In carrying out my process I first cover the part of the glass to be decorated with a layer of asphaltum or analogous adhesive matter, and on this I place a covering sheet of tin foil, paper, or the like. A mere covering of paint will answer the purpose. The desired pattern or design is next laid out on this covering, and the covering is cut out in the desired outline with a sharp instrument. The parts of the covering between the cuttings where the glass is to be chipped are now removed, or, if desired, the covering may at once apply only to the part of the glass which is not to be chipped. A layer of glue or other contracting substance or material is next spread over the glass so exposed, and may also extend over the covering. If the chipping process were now to be carried out in the usual manner, the glue would chip pieces of glass off beneath the covering. To avoid this I cut through the glue with a sharp knife along the margin of the space to be chipped and roll or strip off the glue while in a jellied state from the parts not to be chipped, but I do not cut any crease into the glass itself. The outline of the design or pattern being thus cut through the glue, the chipping may be proceeded with by subjecting the glass and its sharply defined glue cover to heat in the usual manner. If any part or parts of the glass are to be treated with acid or sand blast, this can be done either before or after the chipping process by first removing the covering where desired and then applying the acid or sand blast. By my improved process I am enabled to product chipped glass in a simple and effective manner and without the glass at the sides of the design being affected by the chipping process. I do not claim to have invented the process of preparing glass for chipping, which consists in applying glue to the glass where the same is to be chipped, as shown in patent No. 63,328. Having now described my invention, what I claim is: The process of preparing glass for chipping which consists in covering the glass where the same is not to be chipped with a layer of glue, and in then cutting through the glue along the edge of the pattern to be chipped, as specified.'

The process used by appellees is this: (1) The cover a plain sheet of glass with tin foil attached to the surface by a thin film of wax; (2) With a needle point they cut lines through the tin foil to correspond with the desired pattern (3) they cover the whole surface with a coating of wax varnish; (4) the strip off the portion of the tin foil that covers the part to be chipped by pulling it up through the wax varnish; (5) they sand-blast the exposed part of the glass; (6) they brush warm liquid glue through the adhering stencil, and, incidentally, upon it; (7) they strip off the stencil by pulling it up through the glue, leaving a side wall of glue exposed down to the glass along the lines within which...