In view of the construction given in
Consolidated Safety
Valve Co. v. Crosby Steam Gauge & Valve Co., 113
U. S. 107, to the claim of letters patent No. 58,294,
granted to George W. Richardson, September 25th, 1866, for an
improvement in safety valves, and to the claim of letters patent
No. 85,963, granted to said Richardson, July 19th, 1869, for an
improvement in safety valves for steam boilers or generators, the
defendant's safety valves in this case, having no huddling chamber,
and no strictured orifice, were held not to infringe either
patent.
In equity to recover for infringement of letters patent. The
case is stated in the opinion of the Court.
MR. JUSTICE BLATCHFORD delivered the opinion of the Court.
This is an appeal by the plaintiff in a suit in equity to
recover for the infringement of two letters patent, from a decree
dismissing the bill. The suit was brought in the Circuit Court of
the United States for the Northern District of Illinois by the
Consolidated Safety Valve Company, a Connecticut corporation,
against Erastus B. Kunkle, on letters patent No. 58,294, granted to
George W. Richardson, September 25, 1866, for an improvement in
safety valves, and on other letters patent, No. 85,963, granted to
the same person, January 19, 1869, for an improvement in safety
valves for steam boilers or generators. These are the same two
patents which were the subject matter of the litigation involved in
the case of
Consolidated Safety Valve Company v. Crosby Steam
Gauge & Valve Company, decided by this Court at October
Term, 1884, and
Page 119 U. S. 46
reported in
113 U. S. 113 U.S.
157. The specifications and claims and drawings of the two patents
are set forth fully in the report of that case. The patents were
both of them held to be valid and to have been infringed.
The claim of the patent of 1866,
"A safety valve, with the circular or annular flange or lip
c c, constructed in the manner or substantially in the
manner shown, so as to operate as and for the purpose herein
described,"
was construed as covering
"a valve in which are combined an initial area, an additional
area, a huddling chamber beneath the additional area, and a
strictured orifice leading from the huddling chamber to the open
air, the orifice being proportioned to the strength of the spring,
as directed."
The claim of the patent of 1869,
"the combination of the surface beyond the seat of the safety
valve, with the means herein described for regulating or adjusting
the area of the passage for the escape of steam, substantially as
and for the purpose described,"
was construed as covering
"the combination, with the surface of the huddling chamber and
the strictured orifice, of a screw ring to be moved up or down to
obstruct such orifice, more or less, in the manner described."
The decree in the present case was made in January, 1883, and
proceeded, as it states, on the ground that the defendant's valves
did not infringe the patents. This also appears from the decision
of the circuit court, reported in 14 F. 732. As the defendant's
valves have no huddling chamber, and no strictured orifice leading
from a huddling chamber to the open air, we are of opinion that
they do not infringe either of the patents.
Decree affirmed.