Schumacher v. Cornell
Decision Date | 01 October 1877 |
Citation | 24 L.Ed. 676,96 U.S. 549 |
Parties | SCHUMACHER v. CORNELL |
Court | U.S. Supreme Court |
APPEAL from the Circuit Court of the United States for the Eastern District of Wisconsin.
This is a suit by George B. Cornell, against Eilert Schumacher and William Johnson, for an injunction, and for damages claimed for the alleged infringement by them of reissued letters-patent No. 5026, granted Aug. 6, 1872, to John Lacey and George B. Cornell, for an improvement in wrenches for extracting bung-bushes; said letters being a reissue of original letters No. 118,617, dated Aug. 29, 1872.
The defendants justified under letters-patent No. 133,536, issued to Johnson Dec. 3, 1872, for an improvement in wrenches.
The specification and claim of both patents are fully stated in the opinion of the court.
The drawing therein referred to are as follows:—— The court below decreed in favor of the complainant, and awarded him an injunction, whereupon the defendants appealed to this court.
There was no infringement. Curtis, Patents, sect. 249; Prouty v. Ruggles, 1 Story, 568; s. c. 16 Pet. 336; Winans v. Schenectady & Troy Railroad Co., 2 Blatchf. 279; Bell v. Daniels, 1 Fish. Pat. Cas. 372; Fuller v. Yentzer, 94 U. S. 288; Gill v. Wells, 22 Wall. 1; Gould v. Rees, 15 id. 187; Vance v. Campbell, 1 Black, 427.
There is no room in this case to invoke the doctrine of mechanical equivalents. Seymour v. Osborne, 11 Wall. 516; Gould v. Rees, supra; Gill v. Wells, supra.
Mr. L. L. Bond, contra, cited Curtis, Patents, sect. 332, 453-458; Blanchard v. Biers, 2 Blatchf. 418; Sewall v. Jones, 91 U. S. 171; Root v. Ball, 4 McLean, 177; Alden v. Dewey, 1 Story, 336; Haworth v. Hardcastle, Web. Pat. Cas. 484; Ransom v. Mayor, &c., 1 Fish. Pat. Cas. 252; Whipple v. Middlesex Co., 4 id. 41; Winans v. Denmead, 15 How. 330.
Mr. William P. Lynde for the appellants.
This is a suit in equity founded upon reissued patent No. 5026. The reissue is for 'an improved wrench for securing metallic bushing in casks and barrels,' and bears date on the 6th of August, 1872. The appellee is the complainant.
The bill alleges infringement, and prays for an injunction and damages.
The answer denies the infringement, and sets up several other defences.
This opinion will be confined to the question of infringement.
The description of the appellee's wrench and his claim are thus set forth in the reissue:——
'The present invention relates to a wrench employed in securing a metallic bung-bushing within the aperture of casks, barrels, &c. and the improvement consists in providing the shank of the wrench with a cylindrical core so arranged as to closely fit the aperture in the bushing, and a V-shaped projection adapted to fit a corresponding notch formed in the bushing, whereby the same may be turned into place without assuming an oblique position within the bung-opening, and also preventing the wrench from slipping from its seat; all of which will be more fully understood by the following description:——
'In using the said invention, the core is inserted into the opening through the bushing, and turned until projection D falls into a notch formed in the bushing, which is adapted to fit the same; and by means of the core the bushing is kept steady, and prevented from assuming an oblique position in the bung-opening while being turned into place, and by the contact of the projection within the notch the wrench is prevented from slipping from its seat, thereby enabling the bushing to be readily turned into place.
'We do not wish to confine ourselves exclusively to the V-shaped projection, as any form that will prevent the core from turning independent of the bushing will produce the same result.
'Having thus described the said invention, we claim——
'The wrench herein described, consisting of a shank, A, plate, B, projection, D, and core, E, the said core adapted to fit the opening through the bushing, whereby the same is prevented from assuming an oblique position when being turned into place, substantially as described.'
The wrench of the appellants, out of which this controversy has grown, is also covered by a patent, but of later date than the appellee's. The specifications and claim of this patent are brief and clear.
They are as follows:——
'DESCRIPTION OF THE DRAWING FORMING PART OF THE SPECIFICATION.
'Fig. 1 is a sectional view of the wrench; Fig. 2, a perspective view of the wrench and bushing.
'GENERAL DESCRIPTION.
'A is the handle of the wrench; B, the projection which fits into the inside of the bushing; C, a rod which runs down through the projection B in a hole nearer one side than the other; D, a piece on the end of the rod C which fits into a recess in the bottom of B; E, a knob on the top of rod C; F, spring on rod C, under knob E, which holds the rod C up in place; G, a screw in the top of rod C, which holds knob E on securely in place; H, the bush; I, the projection on the bottom of the bushing which the part of the wrench D strikes against to screw the bushing into place.
'The operation of this wrench is as follows: The part B is placed in the bush, and the operator then takes hold of the knob E and turns it, and, as it turns, the part D at the bottom is turned out and catches against the projection I in the bushing, and then the handle A and the bush will turn with it and be screwed home.
'NATURE AND OBJECT OF THE INVENTION.
'CLAIM.
'The combination and arrangement of projection B, rod C, piece D, and knob E, substantially as and for the...
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