The first claim of letters patent No. 177,334, granted to Abner
B. Hutchins, May 16th, 1876, for an improvement in hydrocarbon
stoves, namely,
"1. The water vessel A, with its perforated top plate A' and hot
air 'cylinder' C, hinged at
c to plate A', and top
perforated plate L, all arranged and connected together
substantially as and for the purpose set forth,"
the perforated top plate A' being described in the specification
as a plate in which arranged around a central opening is a series
of perforations "through which atmospheric air passes down into the
top part of the vessel A and thence up through the hot air cylinder
and its chimneys," is not infringed by a stove in which, instead of
the perforated top plate A', there are three equidistant struts on
which the hot air cylinder rests, with an open space between every
two of the struts, the struts not performing the office so
described as that performed by the perforated top plate A'.
This was a bill in equity for the 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 a suit in equity brought for the alleged infringement of
letters patent No. 177,334, granted to Abner B. Hutchins May 16,
1876, for an improvement in hydrocarbon stoves. The specification
and drawings are as follows:
"The object of this invention is to produce a stove which can
safely and easily be heated by the combustion of hydrocarbon or oil
in a similar manner to that in common use in illuminating lamps.
The invention consists of the following devices: the vessel or
chamber containing the oil or hydrocarbon is submerged
Page 119 U. S. 632
in water so as to always keep the said oil vessel or chamber
cool, and thereby free from explosive or other accident. The water
vessel is covered with a perforated metal plate, which forms the
base of the hot air cylinder, on the top of which the culinary or
other vessels to be heated are placed. Vertical tubes or flues are
placed in the hot air cylinder in such positions as to act as
chimneys for the burners. Mica windows "
image:a
"are placed in the sides of these flues or chimneys in such
positions as to enable the operator to observe the flame of the
burner and to regulate the same as circumstances may require."
"The invention will be readily understood by reference to the
accompanying drawings, of which figure 1 is partly an elevation and
partly a vertical section of the improved stove. Fig. 2 is partly a
plan and partly a section of the same. In this view, the half of
the top plate only is removed, so as to disclose the construction
of the hot air cylinder, and the flues or chimneys. Fig. 3 is a
sectional plan of the stove, taken just below the top plate of the
water chamber and showing a part of the top plate of the oil vessel
or reservoir broken out."
"The base of the stove consists of a vessel A resting, for "
Page 119 U. S. 633
image:b
"convenience, on short legs
a. This vessel is intended
to contain water, and has a top plate A', which is preferably made
of cast metal and strong enough to support all the parts of the
stove which are above it. This plate A' is annular in form, if the
stove is of general cylindrical construction (which is preferable
to other forms), the central opening in the said
Page 119 U. S. 634
plate being nearly equal in area to the sectional area of the
hot air cylinder C, which rests upon it. Concentrically arranged
around this central opening is a series of perforations
a1, through which atmospheric air passes down into the top
part of the vessel, A, and thence up through the hot air cylinder
and its chimneys."
"The reservoir or vessel B, in which the oil or hydrocarbon is
put for use in this stove, is placed within the vessel A, and the
bottom of the vessel A may likewise constitute the support for the
bottom of the vessel B, and there will be an intervening chamber B'
between the sides of the vessel B and its enclosing vessel A, and
the sides of the vessel A will extend up one or two inches (more or
less) above the top of the vessel B. While in use, the annular
chamber B' will be filled with water, and water will also cover the
top of the vessel B, which said vessel and its contained fluid will
thereby be always kept at a low temperature, and accident from the
ignition or explosion of the oil or hydrocarbon will thus be
rendered impossible by this water covering. A tube
b
extends from the vessel B up through one of the perforations or
apertures
a1, and serves as a means of filling the vessel
B. A suitable screw cap closes the top end of this tube. A pipe or
valve
a2 leads from the chamber B' to the outside of A for
the purpose of drawing off the water when it becomes heated or when
the occasion requires it. Water may easily be poured into the
vessel A through the apertures
a1."
"The wick tubes D are attached the top of the vessel B, and the
wick used to conduct the oil from B to the flame is operated in the
usual manner of illuminating lamps. The rollers for moving the
wicks up and down are enclosed in casings or housings E, and are
operated by the thumb wheels F, the stems
f of which pass
through tubes E', that are attached tightly to the ends of the
housings E and pass through the side of the vessel A. Care must be
taken to have all of the parts of D E E' that lie within the
waterway of A perfectly water-tight, so as to prevent the leakage
of the water either into the vessel B or outside of A."
"The hot air cylinder C is preferably built of sheet metal,
Page 119 U. S. 635
and is hinged to its base plate A', by the hinge
c at
the back side of the stove, so as to permit the top parts of the
stove to be tipped back, out of the way of trimming the wicks or
for other purposes. A finely perforated diaphragm G covers the
central opening of the base plate A' below the hot air cylinder for
the purpose of properly controlling the air currents that pass up
from the chamber of A into the hot air cylinder. A diaphragm H
within the hot air cylinder C and near its base is fixed, by
riveting or otherwise, to the sides of the said cylinder. Portions
of this diaphragm are formed into conical flame caps
h for
controlling and confining the flame within its proper limits in a
manner similar to that in common use in illuminating lamps."
"Above the diaphragms H, tubes or chimneys I confine the hot
gasses and products of combustion from the flames of the burners
within proper limits for the efficient action of the burners. These
tubes or chimneys I extend from the diaphragm H to the top of the
hot air cylinder, and are preferably made of sheet metal. The shell
of the hot air cylinder C forms one side of each of these chimneys,
and in this side, which is common to both the cylinder and the
chimney, a small mica window K is placed so as to enable the
operator, from without, to see and regulate the flame of the
burners by turning the thumb wheel F as required. For simplicity of
construction, I cut apertures in the side of the hot air cylinder
suitable for the windows K, and through these apertures portions of
the metal of the chimney plates are extended, which said portions
are bent over in the form of grooves
k, as in Figs. 1 and
2, for the reception of the mica plates that are to form the
windows."
"The top of the hot air cylinder is covered with a cast metal
plate L that serves as a rest for whatever vessel is to be heated
on this stove. The plate L is perforated with apertures over the
chimneys, and also over the hot wells of the cylinder C as well as
in the portions lying outside of the cylinder, thus permitting all
of the heat generated to reach the vessel on top of the plate L and
thereby be utilized. The intense heat imparted to the plates of the
chimneys I and
Page 119 U. S. 636
plate L and reflected thence back upon the hot gases passing
through and about these parts, will be quite sufficient to consume
all of the smoke, and there will, in consequence, be no emission of
unpleasant odors from imperfect combustion. The top surface of the
plate L is provided with ridges
l that keep the vessels
placed thereon from obstructing the openings in the said
plate."
The claims are these:
"1. The water vessel A, with its perforated top plate A' and hot
air cylinder C, hinged at
c to plate A', and top
perforated plate L, all arranged and connected together
substantially as and for the purpose set forth."
"2. The chimneys I, having one of their sides formed by the hot
air cylinder C, to which they are connected by the groove clips
k that also receive the mica windows K, as and for the
purpose set forth."
It is contended that the defendants infringe the first claim.
The circuit court dismissed the bill, 15 F. 919, holding that there
was no infringement. The plaintiff has appealed. One of the
elements in the first claim is the "perforated top plate A'," being
the top plate to the water vessel A. It is described as annular in
form, if the stove is cylindrical, with a central opening. The
specification then says:
"Concentrically arranged around this central opening is a series
of perforations a', through which atmospheric air passes down into
the top part of the vessel A and thence up through the hot air
cylinder and its chimneys."
In the defendants' stove, the hot air cylinder rests on three
equidistant struts which extend from the base of the cylinder to
the wall of the water chamber, and thus the weight of the cylinder,
and of the utensils upon it, is thrown against such wall instead of
on the bottom of the water chamber. Of course there is an open
space between every two of the struts, through which spaces air
passes freely. The circuit court held that the arrangement of the
three struts was not the plaintiff's perforated top plate A',
because the struts did not perform the office which required the
plate with perforations, that office being, as described
Page 119 U. S. 637
in the specification, to cause the air to pass "down into the
top part of the vessel A and thence up through the hot air cylinder
and its chimneys." We are of opinion that the first claim of the
plaintiff's patent must be confined to the use of a perforated top
plate to the cylinder having the functions and mode of operation
set forth in the specification, and that as the defendants do not
have such a perforated to plate or any equivalent for it, they do
not infringe.
Decree affirmed.