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SCHUMACHER v. CORNELL.

October 1, 1877

SCHUMACHER
v.
CORNELL.



1. Letters-patent No. 133,536, granted Dec. 3, 1872, to William Johnson, for an improvement in wrenches, do not infringe reissued letters-patent No. 5026, granted Aug. 6, 1872, to John Lacey and George B. Cornell, for an improvement in wrenches for extracting bung-bushes. 2. The doctrine of mechanical equivalents has no application to this case. APPEAL from the Circuit Court of the United States for the Eastern District of Wisconsin. This is a suit by George B. Cornell, against Eilert Schumacher and William Johnson, for an injunction, and for damages claimed for the alleged infringement by them of reissued letters-patent No. 5026, granted Aug. 6, 1872, to John Lacey and George B. Cornell, for an improvement in wrenches for extracting bung-bushes; said letters being a reissue of original letters No. 118,617, dated Aug. 29, 1872. The defendants justified under letters-patent No. 133,536, issued to Johnson Dec. 3, 1872, for an improvement in wrenches. The specification and claim of both patents are fully stated in the opinion of the court. The drawing therein referred to are as follows:–– The court below decreed in favor of the complainant, and awarded him an injunction, whereupon the defendants appealed to this court. There was no infringement. Curtis, Patents, sect. 249; Prouty v. Ruggles, 1 Story, 568; s. c. 16 Pet. 336; Winans v. Schenectady & Troy Railroad Co., 2 Blatchf. 279; Bell v. Daniels, 1 Fish. Pat. Cas. 372; Fuller v. Yentzer, The opinion of the court was delivered by: Mr. Justice Swayne delivered the opinion of the court.

Mr. L. L. Bond, contra, cited Curtis, Patents, sect. 332, 453-458; Blanchard v. Biers, 2 Blatchf. 418; Sewall v. Jones, 91 U. S. 171; Root v. Ball, 4 McLean, 177; Alden v. Dewey, 1 Story, 336; Haworth v. Hardcastle, Web. Pat. Cas. 484; Ransom v. Mayor, &c., 1 Fish. Pat. Cas. 252; Whipple v. Middlesex Co., 4 id. 41; Winans v. Denmead, 15 How. 330.

Mr. William P. Lynde for the appellants.

This is a suit in equity founded upon reissued patent No. 5026. The reissue is for 'an improved wrench for securing metallic bushing in casks and barrels,' and bears date on the 6th of August, 1872. The appellee is the complainant.

The bill alleges infringement, and prays for an injunction and damages.

The answer denies the infringement, and sets up several other defences.

This opinion will be confined to the question of infringement.

The description of the appellee's wrench and his claim are thus set forth in the reissue:––

'The present invention relates to a wrench employed in securing a metallic bung-bushing within the aperture of casks, barrels, &c.; and the improvement consists in providing the shank of the wrench with a cylindrical core so arranged as to closely fit the aperture in the bushing, and a V-shaped projection adapted to fit a corresponding notch formed in the bushing, whereby the same may be turned into place without assuming an oblique position within the bung-opening, and also preventing the wrench from slipping from its seat; all of which will be more fully understood by the following description:––

'In the drawing, A represents the shank of the wrench, which consists of a plain metal bar of the requisite length. Attached to one end of this bar is a flat metal plate, B, which is provided at its centre with an elongated mortise, C, as shown in Fig. 1. This shank is so formed at its junction with the plate as to provide a V-shaped projection, D, the point of which extends forward toward the centre of the plate. E represents a cylindrical cast-metal core, which is made tapering, and so arranged as to fit the aperture in the bushing. This core is made separate from the plate, and is attached thereto by means of a bolt, F, which passes through the mortise formed in the plate, as shown in Fig. 2. The arrangement of this core is such as to admit of being removed from the bolt by removing the nut e, the object of which is to allow a core of greater diameter to be substituted when used in bushings of large size, provision being made for the elongation of the mortise in the plate for the moving of the bolt toward or from the projection D, which becomes necessary when cores of different sizes are used.

'In using the said invention, the core is inserted into the opening through the bushing, and turned until projection D falls into a notch formed in the bushing, which is adapted to fit the same; and by means of the core the bushing is kept steady, and prevented from assuming an oblique position in the bung-opening while being turned into place, and by the contact of the projection within the notch the wrench is prevented from slipping from its seat, thereby enabling the bushing to be readily turned into place.

'We do not wish to confine ourselves exclusively to the V-shaped projection, as any form that will prevent the core from turning independent of the bushing will produce the same result.

'Having thus described the said invention, we claim––

'The wrench herein described, consisting of a shank, A, plate, B, projection, D, and core, E, the said core adapted to fit the opening through the bushing, whereby the same is prevented from assuming an oblique position when being turned into place, substantially as described.'

The wrench of the appellants, out of which this controversy has grown, is also covered by a patent, but of later date than the appellee's. The specifications and ...


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