Hewlett v. Steinberger
Hewlett v. Steinberger
Opinion of the Court
delivered the opinion of the Court:
Appeal from an award of priority in a Patent Office interference proceeding.
The invention is for disc strain insulators for electric conductors, designed mechanically to secure and electrically insulate two connecting parts. The object sought to be accomplished was to prevent current creepage over the surface of the insulator in wet weather as well as in dry. To accomplish this result irregularities in the surface of the sides of the disc are provided, which are so arranged as to increase its surface without increasing its diameter, and also to prevent the formation of a film of water on both sides of the insulator at the same time. In the claims these irregularities are called “flanges,” “annular collars,” and “collars.” The claims read as follows:
“1. A disc strain insulator comprising suspension members, a mass of insulating material partially enveloping the same, said mass being provided centrally with a disc integral therewith and lying substantially in the general equatorial plane of said mass, and further provided with flanges extending in opposite directions from said equatorial plane.
“2. A disc strain insulator comprising suspension members, a mass of insulating material partially enveloping the same and having a disc portion, said disc portion being provided with*289 annular collars extending in opposite directions and in the general direction of said suspension members.
“3. A disc strain insulator comprising strain members, a body of insulating material partially enveloping the same and having a comparatively large disc, said disc being provided with collars integral therewith and extending in opposite directions.”
Louis Steinberger is the president and general manager of the Electrose Manufacturing Company, of Brooklyn, New York, and a prolific inventor in the art to which the claims of the issue relate. In 1902 he commenced sending to the Niagara Balls Power Company insulating material known in the art as electrose, and various devices made therefrom, for the purpose of testing, so as to demonstrate dielectric ■ qualities, strength, etc. At that time, and for several years thereafter, an electrical engineer by the name of H. W. Buck was connected with said power company. The relations between Steinberger’s company and the power company continued without interruption, and, on September 28, 1905, Buck, for the power company, wrote Steinberger for an experimental insulator “to be made up of a disc of electrose with an electrose hub welded to the center of the disc on either side.” A sketch accompanied this letter. On the next day Steinberger replied that he would be glad to construct such an insulator at the expense of his company, advising Buck that they “could construct the die so as to mold the disc and hubs integrally, and also mold the two eye bolts into the hubs.” He further advised Buck that the disc could be made 14 inches in diameter, instead of 12 as suggested by Buck. Buck, in replying to this letter, did not refer to the suggestion about the integral relation between the disc and the hub, which, it may be here noted, is a feature of the claims in issue. Buck, however, did request Steinberger to send him “a rough sketch showing exact arrangement of the insulator” to be made. Thereupon, on October 7, 1905, Steinberger wrote Buck in considerable detail concerning the insulator to be made and inclosed sketches as requested by Buck. These sketches showed a disc strain insulator having oppositely
In June, 1907, Steinberger, in reading a copy of the “American Institute of Electrical Engineers,” noticed an article therein describing a system of high tension insulation which, according to the article, had been developed by Buck and Edward N. Hewlett, the appellant herein. Shortly thereafter Steinberger saw Buck, and, in a friendly way, criticized the article and claimed the invention himself. Buck did not question Steinberger’s claim. Prior to this, on February 15, 1906, and, of course, without the knowledge of Steinberger, Hewlett and Buck had filed in the Patent Office an application for this very invention, which application, before filing, was assigned to the General Electric Company. On April 20, 1907, the present Hewlett application was filed, and also assigned to the General Electric Company. While this application was for the same invention, no reference was made therein to the
The application of Steinberger was filed January 20, 1908, and each of the tribunals of the Patent Office found lack of diligence on his part, and each disposed of the case upon the question of originality, that is, whether Steinberger’s said letter of October 7, 1905, with its inclosed sketches, amounted to a disclosure of the invention to Buck. The Examiner of Interferences stated that plain insulators at that time were old, but that the use of corrugations upon the disc type of insulators, as suggested by Steinberger, was new. He concluded, however, that the “flanges” or “collars” of the insulators covered by the issue are more than corrugations, and hence that there was no disclosure to Buck. In no other respect did the Examiner criticize the Steinberger disclosure. It is apparent, therefore, that the criticism with reference to the character of the corrugations was one solely of degree. ‘The Examiner in Chief directed attention to the contention of Hewlett that, even assuming a disclosure by Steinberger to Buck, the evidence was insufficient to support the conclusion that Hewlett derived the invention from Buck. Answering this contention they well said: “It appears, however, that upon February 15, 1906, prior to the filing of Hewlett’s application, but after Steinberger’s disclosure to Buck, Hewlett and Buck filed an application as joint inventors, disclosing the invention in issue. This circumstance, taken in connection with the fact that Hewlett has not taken the stand to assert that he did not derive from Buck, makes Hewlett’s position an impossible one, so far as this point is concerned.” They then suggested that each of the counts of the issue would be fully satisfied in the alleged disclosure by Steinberger to Buck, “if the word ‘flanges,’ in count 1, and the word ‘collars,’ in counts 2 and 3, should be construed as of sufficient breadth to include the projections which
The decision is affirmed. Affirmed.
Reference
- Full Case Name
- HEWLETT v. STEINBERGER
- Status
- Published
- Syllabus
- Patents; Interference; Priority. 1. Claims in an application for a patent should be given the broadest interpretation consistent with their terms (citing Lindmwh v. Hodghinson, 31 App. D. C. 612; Viele v. Oummings, 30 App. D. C. 455; Miel v. Young, 29 App. D. C. 481), so where the “corrugations” in the disc strain insulators for electric conductors of one of the parties to an interference, properly positioned, perform, and were intended to perform, substantially the same function of the so-called “flanges” and “collars” of the issue, the terms are to be taken as synonymous. 2. Where the invention in issue in an interference was disclosed by the junior applicant therein to the senior applicant’s companion in a previous joint application covering the same invention, which has been abandoned, and neither the senior applicant nor his former companion has been called to testify that the disclosure was not communicated to him, the presumption is that it was, and the junior applicant is properly awarded priority of invention.