The opinion of the court was delivered by: AVIS
This suit charges the infringement of four patents issued to plaintiff Lykken, all relating to appliances designed to grind and pulverize friable material. There are three plaintiffs because it appears that each of them has some ownership or license interest in the patents involved. The same is true as to the three defendants, each having some interest in the alleged infringing appliances.
1. The plaintiff Lykken's first claimed invention is set out in an application filed July 16, 1925, patent issued December 29, 1931 -- No. 1,838,560. The object is the pulverization of friable materials by constructing a chamber inside of which is fixed a rapidly rotating or revolving rotor, claimed to cause an entraining of air around the same and the conveying of suspended particles of material therein, which particles rubbing together under the stresses imparted by the rotor or the reaction of the walls of the stationary chamber against which a bed of stationary material is fixed, will be reduced and in condition for selective separation of the fines.
It is stated in this application that "The present invention relates to means for and methods of reducing materials, such as coal." As a matter of fact, it was created for the breaking up of coal and was originally used for that purpose.
In this patent the claims involved are Nos. 4, 5, 13, 16 and 17.
2. The plaintiff Lykken's second claimed invention was stated in an application filed November 13, 1925, and upon which a patent was granted on April 8, 1930 -- No. 1,753,437. The plaintiffs allege infringement of this patented device and particularly claims 15, 17, and 18. The invention is an apparatus generally described as relating to the reduction of materials to a fine state and conditioning the same for use.
It consists of a rapidly ratating or revolving member or rotor within an enclosed chamber supplied with air and material to be pulverized, the rotor creating a cyclonic and centrifugal action of air and material, causing pulverization of the materials by contact with each other and against the walls of the chamber and over the top of a bed of material in the bottom, side and top of the chamber. It is impossible in this memorandum to go into the details set out in the patent or in the evidence and arguments. The principle involved is to create a circular air current between the rotor ends and the wall of the chamber, which will cause the material to be broken up and the finer particles carried off by a process of air movement to a proper receptacle.
The claims state in general that the invention is a method of reducing and directing reducible materials by inducing a stream of air current against or over the surface of the materials for entraining and eroding the particles of materials in a stream of fluid, whereby the particles mull against each other to reduce their size, and including a separating means of conducting the finer particles to a place of use. The idea of this patent is the creation of a vortex of air by the revolving, at rapid speed, of a rotor with hammers attached.
3. The plaintiff Lykken filed his application for the third claimed invention on November 25, 1927, patent issued July 1, 1930 -- No. 1,768,621. This apparatus was designed to operate without a rotor or moving part, but the patent provides for a circular chamber into which the materials to be acted upon are projected or fed and there come into contact with a draft of air or fluid, drawn at high velocity through a tapered inlet, traversing the chamber tangentially, and which it is claimed will cause a pulverization of the materials by the particles rubbing against each other and over a bed of material created in the chamber.
The claims involved are Nos. 1, 3, 5, 6, and 13.
4. The application for the fourth claimed invention was filed on January 11, 1928, patent issued April 29, 1930 -- No 1,756,254. This one is of a similar character. It provides for the application of the air to the materials to be pulverized by sundry jets or openings between vanes through which the fluid may be projected horizontally in a tangential manner into the chamber where the materials to be acted upon are placed. The object is to ...