Court : US Supreme Court
..... the advantages from the process described by fritzsch are identical with those claimed for the process described in appellant's patent: first, a saving of power; second, the hull of the wheat (and necessarily the germ) is not disintegrated and torn up in passing between the rolls as it would be between the ordinary millstones, and can therefore be eliminated by the bolt; and, third, the yield of high grade flour is increased, and page 108 u. s. ..... the only difference between this process and that described in appellant's patent is that the last two sets of rolls but one mentioned in the process described by fritzsch completely reduce the middlings to flour, while in the process under appellant's patent, the middlings, after passing between the rolls, being separated from the germs and bran, are again ground between stones; but the great feature of appellant's process, the flattening of the germs and ..... " in this description we have the purifying of the middlings by a purifier, which is shown in the cut, then the passing of them between two pairs of smooth revolving rolls of equal diameter, which are in all respects like the rolls described in the specification of appellant's patent, and which necessarily perform the same function. .....
Tag this Judgment!Court : US Supreme Court
..... . while in one, and perhaps two, particulars it may be said to perform the same function, it certainly has not the stop and holding device of the gray patent; it is not a horizontal rod; it is not located above the rollers; it does not connect the bearings of the two rollers together; it does not contain any stop an holding device, and, ..... mechanism for simultaneously moving both ends of two rolls, which forms the combination of the second claim, and that for moving the two ends of one roll simultaneously, which is covered by the third claim, were found by the court below to have been anticipated in the nemelka patent, and we see no reason for ..... substantially identical with that of the former patent except in the spreading device, which consists of an eccentric shaft carrying two eccentrics, by which the two ends of the roll are spread at one motion ..... in the patent consisted substantially of the frame, a, the roller, b, revolving in fixed bearings, and the companion roller, c, journaled at its ends, and revolving in a swinging arm or support, d, pivoted at its lower end upon a bolt, e, thus enabling the roll to be swung towards or away from the stationary roll, b, as ..... patent contains seven claims, the second and third of which refer to the device for adjusting the rolls vertically as well as horizontally, while the fourth and fifth, which are the most material in the consideration of this case, refer to the special devices connected with the rod, g, for supporting the .....
Tag this Judgment!Court : US Supreme Court
..... smith, a machinist at salem, constructed for the firm a machine containing adjustable hollow water-cooled rolls with stationary scrapers, substantially such as are described in the patent, for converting isinglass into sheets in the manner therein set forth. ..... it is not contended that the patent covers the rolls between which the fish sounds are passed or the keeping of the rolls cool by making them hollow and injecting a stream of cold water into the cavity, nor the automatic scrapers, but in the use of automatic scrapers applied to such rolls to prevent the isinglass from being carried through the rolls a second time without aeration. ..... " "to effect this result, i place at the side of each roll a scraper extending the whole length of the roll and having an edge set up to the roll, so that the roll shall run just clear of it, which scraper or cleaner strips from the whole surface of the roll the adhering gelatine in the form of a sheet. ..... " "my invention is designed to obviate the return of the adhering gelatinous substance to the action of the rolls before it is stripped therefrom, and to so strip it that the rolls may work continuously or without stoppage; the ribbon, as it is stopped, being again fed or guided by the operator into and between the rolls until sufficiently reduced or elongated for removal or for the action of other rolls set nearer together to produce a thinner ribbon. .....
Tag this Judgment!Court : US Supreme Court
..... more rapid as well as more vigorous circulation, not only is the material returned more quickly, and therefore acted upon more often by the beater roll in the same time, but it may be worked with a much less quantity of water, and thereby very important advantages may be secured. ..... the defendant in this connection that there is no infringement of the first claim of the hoyt patent, since the pulp is not circulated "in vertical planes," nor is it delivered by the beater roll "into the upper section of the vat," as specified in that claim. ..... ordinarily the material has been circulated horizontally around an upright partition termed a 'mid-fellow,' and the beater roll and bedplate have been placed in the alley or channel between this mid-fellow and one side of ..... in this evasion is only equaled by the ingenuity with which it is concealed in the specification of the defendant's patent, and the function of a more thorough mixture of the pulp put forward as the salient feature of the invention ..... is permitted to fill the entire width of the engine just prior to its entrance beneath the roll, and also immediately after leaving the same; hence the mid-fellow terminates a page 145 u. ..... vertical, instead of horizontal, so that the pulp, after it leaves the dam, circulates in a horizontal instead of a vertical plane; but as it returns to the beater roll, it passes back under the dam, spreading out to the entire width of the tub, and is taken up by the beater roll precisely as in the hoyt patent. .....
Tag this Judgment!Court : US Supreme Court
..... resolves itself into the question whether the omission of the feed roll involves invention, and, in view of the fact that the hat support and pouncing cylinder of the eickemeyer patent will accomplish practically the same functions as the taylor device, though not so perfectly, we hold it does not -- in other words, it required no invention to omit the feed roll of the eickemeyer patent and to make the subsidiary changes necessary to produce a working device ..... of the two devices shows that they are practically the same, except that in the taylor patent the feeding roll of the eickemeyer machine is omitted, and a guard and presser pin substituted. ..... the essence of the taylor invention was the guard, c, and the presser pin, l, and any argument which tends to prove that the feed roll was an essential part of the eickemeyer device is equally cogent to show that the guard and presser pin are essential to the taylor patent, since they were designed to take the place of the feed roll and assist the page 148 u. s. ..... " it is insisted, however, that the feed roll, though omitted in the second claim of the eickemeyer patent, is contained in the third, and, being an essential element of his device, should be read into the second claim as if it had been actually ..... eickemeyer's device, however, it is difficult to see wherein the feed roll is so far essential to the operation of the machine that it would not perform practically the same function as the taylor patent if the feed roll were omitted. .....
Tag this Judgment!Court : US Supreme Court
..... without further description of the mechwart system, it is enough to say that his patent disclosed roller grinding mills, single and double, with both vertical and horizontal pairs of rolls arranged side by side, driven by means of belts exclusively, his machine being equipped with adjusting or tightening pulleys, and having a shaft journaled directly into the machine frame and receiving its motion from the ..... the specification and claims of the patent are as follows: "my invention relates to that class of mills in which horizontal grinding rolls arranged in pairs are employed, and the invention consists in the improved arrangement of belts and pulleys for communicating motion to the rolls, and in other minor details hereinafter described in detail. ..... in a roller grinding mill, the combination of the countershaft provided with pulleys at both ends and having said ends mounted in vertically and independently adjustable bearings, the rolls c e having pulleys connected by belts with one end of the countershaft, and the rolls p f independently connected by belts with the other end of the countershaft, as shown," is invalid because, in view of the state of the art, it does not embody a patentable invention. ..... the substance of the invention, which i consider new and desirable for patent, consists in the use of belts for the driving of each single roller of a pair in roller mills for the begetting of mill products in any desired relation of the two cooperating rolls to each other. .....
Tag this Judgment!Court : US Supreme Court
..... always had to perform the work of drawing along the stock, and, as the wire moved much faster than the stock, the stock waved or rippled badly near the breast roll end of the wire, which gradually diminished until an equilibrium was established, and a smooth, even, glassy surface presented, and not until the waving or rippling ceased did the fibers ..... sought to remedy been the well known difficulty of too great wetness or dryness of the web at the dandy roll, and had he found that a higher, rather than a lower, pitch would do that work better, a patent for this improvement might well have been attacked on the ground that he was seeking monopoly for a mere matter ..... the eibel invention is distinguished from the prior art in two ways: first, in that the pitch of the wire was for a different purpose, to be accomplished not at the dandy roll, some 20 or more feet from the breast roll, but at a point only 9 or ten feet from there; and, second, by the fact that, to achieve his purpose, a high or substantial pitch must be given to the wire, while only ..... eibel, in his patent, gives this measure of the prior art: "the fourdrinier wire has usually been arranged to move in a horizontal plane, although i am aware that means have been provided for adjusting the breast roll and of the wire to different elevations usually below the level, to provide for running ..... other patents were set up in defense, some of them showing devices for raising the breast roll and wire above the level, and lowering them .....
Tag this Judgment!Court : US Supreme Court
..... there was no novelty in the combination of a power-operated core with fabric rolls for delivering the rubber impregnated strips through tension rolls to the core, or in the use of pressure rolls to stretch and press the tread at the slow speed of the core followed by the spinning of the stretching or spinning rolls with high speed down the sides from the outer line of the tread to the bead edge of the fabric, or in the use ..... evidence shows, however, that in 1911, it was offered commercially to the hood company, which preferred a german patent of the same inventor, and the belgian machine was actually used for the making of tires which proved to ..... it is true that the spinning rolls in all these patents are steadied against the fabric in one way or another, as by the power-pressed radially moving support in the state patent; but, in the end, the hand is needed to complete the spinning process as it ..... these conclusions as to the lack of novelty in the elements and combinations of the state patent were reached by the circuit court of appeals for the sixth circuit, and we agree ..... that wide and successful use of a device has been made under license from the patentee may be evidence of patentable novelty, but is by no means conclusive, and must be weighed in the light of all the circumstances. ..... the vincent patent of 1905 had a power-driven core to draw and stretch the fabric, with guide rolls through which the fabric was led on its way to the core, and which were geared so as to resist the .....
Tag this Judgment!Court : US Supreme Court
..... with, and i do not therefore restrict myself thereto, but what i claim as my invention and desire to secure by letters patent is a packing for stuffing boxes composed of canvas and india rubber as set forth, and cut diagonally as described. ..... 337 in view of the state of the art at the time of gately's alleged invention, the claim of the patent was too broad, covering more than that of which gately was the first and original inventor; that the specification failed to distinguish sufficiently what was novel from ..... the defendants made two forms of packing, one of them identically the packing of the gately patent; in the other, a little over one-half of the packing was constructed identically in accordance with the gately invention, and a little less than one-half was so constructed ..... in some cases, the core is located centrally, and in some at one side of the roll, but in all the canvas is rolled upon itself or upon the core, and when the packing is in use and is subjected to wear, the character of the surface presented to the moving piston rod is continually changing, it being ..... is no vulcanization referred to in this patent of 1855, and the wearing surface is composed of canvas cut on the bias and rolled around the elastic or rubber portion, which ..... the tuck patent of 1852 describes canvas coated with rubber, unvulcanized, which canvas is to be rolled upon itself and used in the stuffing box in connection with rigid wearing surfaces, the object of the canvas being to force such .....
Tag this Judgment!Court : US Supreme Court
..... of the tribal lands, and that, its decision in that regard having been approved by the secretary of the interior, "said enrollment, allotment, and patent cannot be cancelled, nor can the issue of fact upon which the commission placed the name of barney thlocco upon the approved creek roll be tried again, and these defendants say that this court is without authority of law to reopen or retry the question of fact sought to be put in issue ..... the acts of congress; that, on or about may 24, 1901, the commission to the five civilized tribes caused his name to be placed on the roll of creek citizens by blood which that commission was then preparing; that thereafter, on june 30, 1902, the commission issued a certificate of allotment in thlocco's name, and homestead and allotment patents purporting to convey the land allotted were executed by the principal chief of the creek nation on march 11, 1903, and approved by the ..... secretary of the interior on april 3, 1903; that thereafter, on december 13, 1906, the secretary of the interior, by executive order, caused thlocco's name to be stricken from the roll of citizens by blood of the creek nation, and he is not an enrolled citizen by blood .....
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