Ryder v. Schlichter

• Decision Date: 16 November 1903
• Docket Number: 43.
• Citation: 126 F. 487
• Parties: RYDER v. SCHLICHTER.
• Court: U.S. Court of Appeals — Third Circuit

126 F. 487

RYDER v. SCHLICHTER.

No. 43.

United States Court of Appeals, Third Circuit.

November 16, 1903

Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania.

S. O Edmonds, for appellant.

E Hayward Fairbanks, for appellee.

Before ACHESON and GRAY, Circuit Judges, and McPHERSON, District judge.

J. B McPHERSON, District Judge.

This is a bill in equity to restrain the infringement of letters patent No. 627,732, granted June 27, 1899, to George Harder now deceased, whose executor is the complainant, for improvements in silos.The validity of the patent is not disputed, the sole question being one of infringement, and this is to be decided by determining the scope of the fourth claim of the patent.

A silo, as is now well known-- the art is comparatively recent-- is a receptacle intended to preserve and store forage in edible condition, to be used during the winter and the spring.It has passed through several stages as the art has developed, and various improvements have been devised in order to meet the difficulties that have been encountered.The following extract from the brief of appellant's counsel explains clearly what characteristics must be found in a silo if it is to fulfill its purpose satisfactorily:

'The silo is a large tank-like structure, from fifteen to forty feet in height, and from eight to twenty-five feet in diameter, intended for the reception and preservation of forage in an edible condition.This forage, known as 'silage,' or 'ensilage,' is placed in the solo when fresh and green.The fermentation and settling which thereafter take place naturally impose a severe strain upon the silo.Added to this, for a portion of the year-- from the time the silage is exhausted (toward the end of the winter) until the time when the silo is refilled (toward the end of the summer)-- the silo stands empty.These considerations point to a fundamental requirement in the building of a silo, i.e., that provision must be made for the varying conditions of sue and atmospheric changes, so that when the silo is filled it shall be absolutely airtight, since otherwise the silage would be spoiled by ingress of air thereto.Another fundamental requirement of a practical silo is that ingress to the interior thereof must be ready and easy, the construction being such as to facilitate the daily removal of silage, while still preserving the contents of the silo in sweet and nutritious condition.

'In a word, the essentials of a practicable silo are:

'(1) It must be, for the proper preservation of the silage, airtight at all times when filled, resisting the tendency to expand under the settling, swelling, and fermentation of the silage, as well as the tendency to contract after a portion or all of the silage has been removed or under the influence of the elements.

'(2) It must be of such construction as to provide for ready and convenient removal of silage therefrom, while still preserving the remaining silage from spoiling because of the ingress of air to the interior of the silo.And, finally,

'(3) It must be of such simple and durable construction as to permit ready and convenient assemblage of the parts and erection of the whole at the point where it is to be utilized.'

The earliest silos were no more than holes in the ground.The stages of evolution from this primitive form to the developed structure of the patent in suit are thus described by one of the expert witnesses:

'First, a mere pit or excavation in the ground.

'Second, a pit or excavation lined with stones.

'Third, a pit having a stone lining extending some distance above the ground, lined with cement, and with a cement bottom and wooden roof.

'Fourth, a concrete building or pit entirely above ground, and presumably roofed.

'Fifth, a rectangular, double-walled, roofed structure entirely above ground, with separate door openings closed by removable doors and located at different heights in the structure.

'Sixth, cylindrical or round silos, above ground, presumably roofed, formed of horizontal boards, and either without any door openings at all (necessitating the removal of the entire bulk of material from the top) or else provided with separate door openings arranged at different heights in the wall.

'Seventh, round silos made with vertical staves, roofed, and either having no doors or else with separate distinct doors at different heights.

'Eighth, the Harder silo, made round or cylindrical, of vertical staves, with a continuous door opening, the sides of which are provided with reinforced posts, with braces connecting the posts to give the necessary strength, and also to act as a ladder, and with separate removable doors for closing the vertical door opening.

'The successive steps in the art thus show the gradual evolution of the silo from a mere pit in the ground to the perfected device of the patent in suit.'

The Harder silo, which thus appears to be one of the latest devices in the art, is described in the specification as follows:

'My invention relates to silos or tanks of that class in which a continuous opening is made from top to bottom, through which the contents are removed at intervals.It is particularly designed for tanks used for holding ensilage.

'I have shown the invention as applied to a round silo composed of various staves and hoops made on the same general principle as a barrel, except that the staves are straight.The vertical opening in this silo is made from top to bottom and practically continuous, and the opening is closed by a succession of boards or sections of doors inserted and removable from the top downward like the opening and sectional closing of an icehouse.I do not herein claim, therefore, the vertical opening from top to bottom, nor the round construction of the tank or silo, nor the means for closing formed in sections and inserted so as to be removable from the top downward, and arranged to be pressed against the wall or any part of the wall in an outward direction, as I am aware that these devices and elements are very old in the same or analogous structures.

'My invention relates particularly to the special form of brace or stay-piece for holding the edges of the opening at the proper distance from each other to prevent collapse, and, further, in the special means for holding the sections of the door firmly in place.''In the drawings, Fig. 1 shows a general form of a silo constructed with staves and hoops.It has an opening from top to bottom, as shown at a, and is bound together by hoops, b, extending completely around the silo.As a matter of course, the edges of this opening must be braced by crosspieces inserted between the edges to prevent the structure from collapsing.These braces are made in special form, as I now proceed to explain.'

The patentee then goes on to refer to the drawings, and to explain the parts in detail, and, in order that the scope of the claims may be thoroughly understood, it is desirable to quote further from the specification:

'The form shown in Fig. 3 consists of a straight bar, c, having at each end a flange or bearing, d, at right angles, substantially, to the bar, c. These bearings or flanges are adapted to bear against the end of one thickness of the wall of the silo, but not to overlap, so as to interfere with the door sections.Outside of this bearing, d, is an inclined extension, e, of the brace, which is fitted to bear on the outside of the silo hall, and this is provided with holes, 1 and 2.

'Referring now to Fig. 2, it will be observed that a casing or reinforce, f, is provided on each side of the...