Seeger Refrigerator Co. v. Bohn Refrigerator Co.

• Decision Date: 24 August 1931
• Docket Number: No. 9106,9107.,9106
• Citation: 52 F.2d 416
• Parties: SEEGER REFRIGERATOR CO. v. BOHN REFRIGERATOR CO. et al. BOHN REFRIGERATOR CO. v. SEEGER REFRIGERATOR CO.
• Court: U.S. Court of Appeals — Eighth Circuit

52 F.2d 416 (1931)

SEEGER REFRIGERATOR CO. v. BOHN REFRIGERATOR CO. et al.

BOHN REFRIGERATOR CO. v. SEEGER REFRIGERATOR CO.

Nos. 9106, 9107.

Circuit Court of Appeals, Eighth Circuit.

August 24, 1931.

Frank Parker Davis, of Chicago, Ill. (Harry S. Johnson, of St. Paul, Minn., on the brief), for Bohn Refrigerator Co. and others.

Frank A. Whiteley, of Minneapolis, Minn. (Howard L. Fischer, of St. Paul, Minn., on the brief), for Seeger Refrigerator Co.

Before KENYON and BOOTH, Circuit Judges, and DEWEY, District Judge.

BOOTH, Circuit Judge.

This is a patent suit involving three patents. Bohn Refrigerator Company as plaintiff sued Seeger Refrigerator Company for infringement of two patents owned by plaintiff. They are No. 1,263,843, issued April 23, 1918, to Gebhard C. Bohn for a refrigerator door, sometimes called the A patent; and No. 1,329,453, issued February 3, 1920, to the same party for a refrigerator closure, sometimes called the B patent.

Defendant, Seeger Refrigerator Company, in its answer set up a counterclaim alleging that plaintiff was infringing a patent owned by defendant, to wit, No. 1,209,544, issued December 19, 1916, to Thomas P. Bolger for refrigerator construction.

Claim 3 of the A patent, claim 5 of the B patent, and claims 1 and 2 of the Bolger patent are the only ones in suit.

The trial court by its decree dismissed plaintiff's bill for want of equity, held claims 1 and 2 of the Bolger patent valid but not infringed by plaintiff's construction, and dismissed the counterclaim for want of equity. These appeals followed.

From a memorandum opinion of the trial court, it is gathered that the court was of the opinion that the claims in suit of the Bohn patent were invalid for lack of invention and were not infringed by defendant.

We take up first the Bolger patent; that being the oldest of the three. The objects of the invention are thus stated in the specifications:

"The present invention relates to certain new and useful improvements in the construction of sheet metal refrigerators, and has for its object to provide a novel means for fastening the edges of the metal lining and outside metal covering in the door opening whereby a tight joint is obtained when the door is closed and a continuous metal wall for conducting heat from the outside to the inside of the refrigerator is avoided.

"Further objects of the invention are to provide a construction of this character which is simple and inexpensive, which breaks up any possible air passage around the edge of the door, which securely fastens the edges of the sheet metal lining and cover without bringing them together in such a manner as to provide a continuous metal wall between the outside and the inside of the refrigerator, and which does not interfere in any manner with the opening and closing of the door."

Claim 1 of the Bolger patent reads as follows: "1. A refrigerator including a body having a door opening, a swinging door hinged to the body and adapted to close the door opening, a sheet metal lining applied to the body and having the edges thereof carried into the door opening, a sheet metal outer covering applied to the body and also having the edges thereof carried into the door opening, strips of non-heat conducting molding applied to the sides of the door opening and fitting over the edges of the sheet metal lining and sheet metal outer covering, said edges being held in a spaced relation to each other so that there is no continuous metal wall between the outside and the inside of the refrigerator, and corresponding strips applied to the door for engagement with the strips of the door opening to form a tight joint when the door is closed."

It is apparent that the following elements are included:

(1) A refrigerator including a body having a door opening.

(2) A swinging door hinged to the body and adapted to close the door opening.

(3) A sheet metal lining applied to the body and having the edges thereof carried into the door opening.

(4) A sheet metal outer covering applied to the body and also having the edges thereof carried into the door opening.

(5) Strips of nonheat-conducting molding applied to the sides of the door opening and fitting over the edges of the sheet metal lining and sheet metal outer covering, said edges being held in a spaced relation to each other so that there is no continuous metal wall between the outside and the inside of the refrigerator.

(6) Corresponding strips applied to the door for engagement with the strips of the door opening to form a tight joint when the door is closed.

Claim 2 is similar to claim 1, but includes a sheet metal covering applied to the door as well as to the body.

The evidence shows that prior to the Bolger invention there had been all-metal refrigerators in use, but they had certain well-recognized defects: First, there was no space between the inner metal and the outer metal at the door openings. As a consequence, the cold from within the refrigerator passed out through the metal and caused sweating and other complications. Further, the metal plates were held in position by nails and screws which also conducted the cold out and permitted sweating. The...