Gallinger v. James & Hawkins, Inc.
Gallinger v. James & Hawkins, Inc.
Opinion of the Court
(after stating the
facts as above). This litigation is between rival manufacturers of door checks or catches designed to hold a swinging door yieldingly closed. The sole question is that of infringement, the validity of plaintiffs’ patent being uncontested.
As indicated by the claims above quoted, the principle of operation of the patented device involves a pivoted crescent-shaped arm controlled by a spring, which, when the ar'm is in one position, exerts force to hold it closed against the door, and, when in another position, to snap it open. The bearing for the pivoted arm is central, that is, it is between the two side plates of the crescent-shaped arm; and it is offset, that is, the post, the end of which carries the bearing, is curved in gooseneck shape, so as to permit one end of the crescent-shaped arm to swing beneath the bearing and come up against the inner side of the post when the arm is closed.
Door cheeks operating on a similar general principle were old in the art. Five prior patents were introduced by the defendants, not to invalidate the patent in suit, but to limit the scope of its claims. The learned District Judge carefully and properly analyzed those prior patents, but reached the conclusion that they in no way affect the scope of the claims. With this conclusion we cannot agree. We think the case demands application of the principle stated in Boyd v. Janesville Hay-Tool Co., 158 U. S. 260, 261, 15 S. Ct. 837, 39 L. Ed. 973, where Mr. Justice Shiras said that, in view of the state of the art, the patentee was entitled only to the precise devices mentioned in his claims.
An essential feature in eaeh of the claims is an “offset central bearing.” The patentees state in their patent (page 2, line 58) :
“We desire to call especial attention to the form of the base A which makes it possible to have a central bearing 2 between the side plates 15 and 16 of the arm B and at the same time have a buffer 20 between the inner ends of said plates.”
We do not find such construction in the defendant’s device. Instead of a gooseneck
In claim No. 3 an essential element is a curbed link pivotally connected to the base below the central bearing and adapted to swing around the central' bearing. It also acts as a buffer to limit the backward swing of the arm, as explained in lines 30-40, page 2 of the patent. No such link is found in the defendants’ door catch, nor is the curved arm to which one end of the spring is attached a mechanical equivalent, for they operate in different ways and perform different functions.
There being no infringement, the decree is reversed, with costs, and the cause remanded, with directions to dismiss the bill. '
Reference
- Full Case Name
- GALLINGER v. JAMES & HAWKINS, Inc. (STANLEY WORKS, Intervener)
- Status
- Published