Safety Car Heating & Lighting Co. v. Consolidated Car Heating Co.
| Decision Date | 17 November 1909 |
| Docket Number | 49. |
| Citation | 174 F. 658 |
| Parties | SAFETY CAR HEATING & LIGHTING CO. v. CONSOLIDATED CAR HEATING CO. |
| Court | U.S. Court of Appeals — Second Circuit |
Duell Warfield & Duell (Randolph Parmly, F. P. Warfield, and C. H Duell, of counsel), for appellant.
W. K Richardson, Charles Neave, J. Lewis Stockpole, for appellee.
Before LACOMBE, COXE, and WARD, Circuit Judges.
The patent to Searle relates to that class of circulatory heating systems in which a liquid, after being heated and freed of air and steam, may be employed for warming railway cars; the heat being derived from a main source, preferably a steam boiler.
He employs a circulatory system, which includes a heat-radiating portion with an ascending pipe on one side thereof and a descending pipe on the other, a heater located at substantially the lowest point of the circuit, and means for transferring heat derived from a main source into operative contact with the circulating liquid in the heater. In some instances he employs a circulatory system, including a heat-radiating portion with ascending and descending pipes with a heater in the ascending pipe or upon one side thereof and a second heater located below the first at substantially the lowest point of the circuit. These heaters may be of any desired character. When used for car heating purposes, the patentee preferably derives heat for one or more of said heaters from a common source, such as the locomotive boiler. To this end he employs a main steam pipe or other suitable mechanism adapted to be connected to a main source of heat supply and also with a plurality of heaters. In practice, one or more heaters may impart heat to the said liquid by being in operative connection with the main source of heat supply. This connection may be effected in various ways; for instance, by letting the heat derived from the main source be carried through a pipe or passage containing the circulating liquid, or by letting the steam derived from the main source be carried into a pipe or passage which incloses a portion of the system containing the circulating liquid. Searle also provides for an emergency heater in case of a temporary failure of the heat derived from the main source. The claims are as follows:
'1. The combination of a circulatory system that includes a heat-radiating portion and has an ascending pipe on one side thereof and a descending pipe on the other side thereof, a heater in the ascending pipe or upon one side thereof, and a second heater located below the first-named heater and at substantially the lowest point of the circuit.
'2. The combination of a circulatory system that includes a heat-radiating portion and has an ascending pipe on one side thereof, a descending pipe on the other side thereof, and an expansion chamber located above said pipes and having communication therewith, an emergency heater having a combustion chamber inclosing a portion of the ascending pipe of said system, a primary heater located at substantially the lowest point of the circuit, and means for transferring heat derived from a main source of heat supply into operative contact with the circulating liquid in said last-named heater.
All the claims are for combinations. The first claim is for a combination which contains the following elements: (1) Circulatory system, including a heat-radiating portion, with an ascending pipe on one side and a descending pipe on the other; (2) a heater in the ascending pipe or upon one side thereof; (3) a second heater below the first and at substantially the lowest point of the circuit. The second claim is for a system similar to that of the first claim; but it adds an 'expansion chamber' to the combination, and substitutes for the heater of the first claim on the riser 'an emergency heater having a combustion chamber.'
The third claim differs from the first claim only in requiring 'a radiating portion in the descending pipe.'
It will be observed that none of the claims specifies steam heaters or a combination of steam heaters. The specification expressly states that the heat may be derived from any prime source, preferably a steam boiler; but any suitable heat generator will suffice. The upper and lower heaters, or either of them, may receive their heat from any suitable source. When, however, the invention is employed in warming railway cars-- and not the 'other structures' for which it may also be used-- it is preferable that one or more of the heaters derive the heat from a common source; for instance, the engine boiler. It is as plain as language can state it that the patentee intended to claim a system where...
To continue reading
Request your trial
-
Aktiebolag v. First Quality Baby Prods., LLC
...F. 195, 197–198 (C.A.7 1919) ; A.R. Mosler & Co. v. Lurie, 209 F. 364, 371 (C.A.2 1913) ; Safety Car Heating & Lighting Co. v. Consolidated Car Heating Co., 174 F. 658, 662 (C.A.2 1909) (per curiam ); Richardson v. D.M. Osborne & Co., 93 F. 828, 830–831 (C.A.2 1899) ; and Woodmanse & Hewitt......
-
Bell v. George
... ... State ex rel. v. Reynolds, 243 Mo. 720; Heating ... Company v. Consolidated Car Heating Co., 174 F. 658 ... ...
-
Frank F. Smith Hardware Co. v. S.H. Pomeroy Co.
... ... In ... Safety Car Heating Co. v. Consolidated Co., 174 F ... 658, 98 ... ...
-
Mead Morrison Mfg. Co. v. Exeter Mach Works
... ... Heating Co. v. Kelsey Heating Co., 158 F. 622, 85 C.C.A ... Applying the test ... employed in Safety Car Heating & Lighting Co. v ... Consolidated Car Heating ... ...
-
Chapter §19.03 Absence of Liability for Infringement
...Cir. 1919); A.R. Mosler & Co. v. Lurie, 209 F. 364, 371 (2d Cir. 1913); Safety Car Heating & Lighting Co. v. Consolidated Car Heating Co., 174 F. 658, 662 (2d Cir. 1909) (per curiam); Richardson v. D.M. Osborne & Co., 93 F. 828, 830–831 (2d Cir. 1899); and Woodmanse & Hewitt Mfg. Co. v. Wil......