Stonemetz Printers' Mach Co. v. Brown Folding-Mach Co.

• Decision Date: 18 July 1893
• Docket Number: 2.
• Citation: 57 F. 601
• Parties: STONEMETZ PRINTERS' MACHINERY CO. v. BROWN FOLDING MACH. CO. et al.
• Court: U.S. District Court — Western District of Pennsylvania

57 F. 601

STONEMETZ PRINTERS' MACHINERY CO. v. BROWN FOLDING MACH. CO. et al.

No. 2.

United States Circuit Court, W.D. Pennsylvania.

July 18, 1893

J. C Sturgeon, for plaintiff.

Hallock & Gallagher, for defendants.

Before ACHESON, Circuit Judge, and BUFFINGTON, District Judge.

ACHESON Circuit Judge.

This suit is brought on letters patent No. 343,677, dated June 15 1886, granted to John A. Stonemetz on an application filed March 14, 1883, for improvements in devices for connecting and operating together paper-folding machines and printing presses. The bill charges the defendants with infringement and prays an injunction and an accounting, and also charges an interference between said patent and two letters patent granted to R. T. Brown, and now owned by the defendants namely, No. 331,762, dated December 8, 1885, issued on an application filed May 28, 1883, and No. 322,344, dated July 14, 1885, issued on an application filed August 4, 1884, and seeks relief under section 4918, Rev. St. The invention in question relates to a sheet-conveying device connecting the paper folder to the printing press when the two machines are running together, but which, without disturbing the relative position of the machines, may be removed out of the way when communication between them is not desired. The nature of the invention is sufficiently indicated by the claims of the patent sued on, which we will now quote:

'(1) The combination with a printing press and a folding machine of a frame or table bearing sheet-conveying devices spanning the space between said machines, and adapted to be laid back upon the folding machine, substantially as and for the purpose set forth.

'(2) The combination with a printing press and a paper-folding machine, which are arranged with relation to each other substantially as shown, of a table or frame, A, consisting of two sections, a, a', hinged together, and bearing conveying tapes and tape-actuating rollers, which are operatively connected with the folding machine, which frame is adapted, as shown, to span the space between said machines, when desired, and convey the printed sheets to the folder from the press, and, when communication between said machines is not desired, can be folded back over the folder, as shown, and for the purposes mentioned.

'(3) The combination with a printing press and a paper-folding machine, which are arranged with relation to each other, substantially as shown, of the frame or table, A, composed of the jointed sections, a, a', the rollers, D and E, at the upper end of said frame, the rollers, D' and E', on the folder near the lower end of said frame, the pulleys, H, H', and belt, h, and the tapes, c and d, substantially as and for the purposes set forth.

'(4) The combination with a folding machine of a frame or table bearing sheet-conveying devices, and operatively connected with said machine, and adapted to be placed between the folding machine and a printing press, and removed from the printing press when not in use, substantially as and for the purpose set forth.

'(5) The combination with a printing press and a folding machine of a frame composed of jointed sections, rollers on said frame and on the folding machine supporting endless sheet-conveying tapes, and mechanism, substantially as described, for driving said tapes, as and for the purpose set forth.'

Pending the application of Stonemetz, and Brown's application of May 28, 1883, the patent office declared an interference between them, the subjects-matter thereof being thus defined:

'(1) The combination with a folding machine of a sheet carrier hinged to, and adapted to be folded over upon, said machine, substantially as described.

'(2) The hinged carrier provided with the tape-carrying rollers and the tapes, in combination with a folding machine having suitable rollers for the reception of said tapes, and means, substantially as described, for driving the latter.

'(3) The combination with a folding machine of the jointed and hinged carrier, constructed and operating substantially as described and shown.'

Upon the question of priority of invention, the decision of the examiner of interferences was in favor of Stonemetz; and upon appeal that judgment was affirmed by the board of examiners, whose ruling, upon further appeal, was approved and affirmed by the commissioner of patents. Brown then filed a disclaimer, which was incorporated in his specification forming part of letters patent No. 331,762, in the words following:

'I do not claim, broadly, the combination with a folding machine of a sheet carrier hinged to, and adapted to be folded over upon, said machine; nor do I claim, broadly, the hinged carrier provided with the tape-carrying rollers and the tapes, in combination with a folding machine having suitable rollers for the reception of said tapes, and means for driving the latter; nor do I claim, broadly, the combination with a folding machine of the jointed and hinged carrier.'

This patent (No. 331,762) contains a single claim, as follows:

'In a sheet-carrier attachment for folding machines, the combination, in the frame of said carrier, of the parts, B, B, and C, the hinges, b, joining the parts, B, B, together in a manner substantially as shown, whereby the two parts will fold with their under sides together; the hinges, C', C', joining the lower part, B, to the part, C, in a manner substantially as shown, whereby the parts, B, B, will fold over onto the part, C,--substantially as set forth.'

The parts, B, B, are two sections of the carrier frame, which are united by the hinges, b, placed on the under side, so that the frame will fold together, with its upper side outermost. The part, C, is a piece securely fastened to the top of the folder, at a proper...