366

Reporter's Statement of the Case

turable, a hollow punch with a chamfered end, serving both as a puncturing means for the confining disc and as a passage for the escaping gas. The punch moved inside a close fitting passage and was held from unintended contact with the disc by a coil spring through which the flanged head of the punch would not pass. A ring above the punch prevented it from being blown out of the passage by escaping gas while the apparatus was in operation. The cartridge was also provided with a screen to strain any particles of solid material from the gas before it entered the hollow punch.

15. The following prior art patents were available to those skilled in the art prior to the filing of the applications which materialized into the patents in suit:

United States patent No. 1,320,587 of 1919 to Thomp-
son, Defendant's Exhibit 1.

United States patent No. 1,725,775 of 1929 to Badger,
Defendant's Exhibit 2.

United States patent No. 1,691,041 of 1928 to Badger,
Defendant's Exhibit 3.

No. 1,715,347 of 1929 to Badger, Defendant's Ex-
hibit 4.

United States patent No. 822,826 of 1906 to Coleman,
Defendant's Exhibit 5.

United States patent No. 1,671,369 of 1928 to Johann,
Defendant's Exhibit 6.

United States patent No. 1,890,517 of 1932 to Laengel,
Defendant's Exhibit 7.

United States patent No. 1,753,871 of 1930 to
Schworetzky, Defendant's Exhibit 8.

United States patent No. 940,614 of 1909 to Read and
Campbell, Defendant's Exhibit 9.

United States patent No. 1,099,767 of 1914 to Read,
Defendant's Exhibit 10.

United States patent No. 1,022,301 of 1912 to Campbell,
Defendant's Exhibit 11.

United States patent No. 827,665 of 1906 to Quick,
Defendant's exhibit 13.

United States patent No. 1,891,045 of 1932 to Freygang,
Defendant's exhibit 14.

United States patent No. 1,670,806 of 1928 to Griffiths,
Defendant's exhibit 15.

British patent No. 299,096 of 1928 to Schworetzky,
Defendant's exhibit 12.

British patent No. 230,504 of 1925 to Deutschwerft,
Defendant's exhibit 16.

Reporter's Statement of the Case

94 C. Cls.

Copies of these patents, defendant's exhibits 1 to 16, are by reference made a part of this finding.

THOMPSON PATENT

16. Patent No. 1,320,587 issued to Thompson November 4, 1919, is entitled "Fire-extinguisher" and relates to that class of extinguishers wherein an inner flask or container precharged with a gas is located within an outer container in which the fire extinguisher fluid is contained. Referring to the drawings, Fig. 2 shows the inner flask 29 of com. pressed gas located within the outer container 1.

At the top or neck of flask 29 there is provided a screw threaded nipple 30, which screws into the collar 8. An

366

Reporter's Statement of the Case

outlet duct or passage 33 is provided in nipple 30. This passage has its lower end contracted to provide a limited outlet port 34 through which the compressed fluid of the flask 29 must flow. The diameter of the port 34 limits and determines the amount of gas which can pass through the nipple 30 into the outer container 1. The upper end of nipple 30 is milled out as shown at 35, Fig. 8, and a steel cap 36 adapted to be brazed thereon. A steel diaphragm 36′ located between the wall of the nipple 30 and the cap 36 closes the passage 33 and seals off the compressed fluid in the flask from entering the outer container 1. A collar 8 (Fig. 2) is threaded on the nipple 30, having hangers 7 which in turn are fastened to a screw cap 6 which closes the outer container 1 at the neck portion 5. A plunger 10 fitted at its lower end with a hardened point 11 is slidably mounted in cap 6 through a packing gland 14 located on the top of the cap. An operating lever 12 is suitably arranged with respect to the plunger 10 so that a blow directed to a hand piece 18 carried by the lever 12 projects the plunger downward through the nipple, pierces the diaphragm 36′ and liberates the compressed gas in the flask.

To insure the positive flow of the contents of the flask to the container, the spring 21 is placed upon the cap 6 exerting upward pressure on the lever 12, the effect of which is to retract the plunger 10, after the point 11 has pierced the diaphragm 36', so that no interference with the escape of the pressure medium is possible.

The patentee states in his specification, page 3, lines 8 to 17:

At this point I wish it to be noted that as soon as the lever is released the spring 21 returns to its original position and clears the piercing point from the diaphragm and also that the flow of air is not dependent on the area of the hole punctured by the piercing point but directly dependent on the cross sectional area of the outlet port 34. Accordingly the discharge of air is positively controlled.

17. The testimony shows that this patent discloses the purpose and means for accomplishing the determination of the rate of flow and the so-called metering of the pressure

421221-42-CC-vol. 94-26

Reporter's Statement of the Case

94 C. Cls.

medium contained in the flask. This patent was not cited by the Patent Office on the occasion of the prosecution of the patent in suit.

BADGER PATENTS

18. Patent No. 1,725,775 issued August 27, 1929, to A. C. Badger covers a "Fire Extinguisher," defendant's exhibit 2.

This patent, Fig. 1, illustrates an outer shell 10 of sheet metal which contains the liquid extinguishing means, in the top of which is carried a compressed gas container or cartridge 15, preferably filled with liquid carbon dioxide.

The top of the container or head 11 has a neck 12 screw threaded, which carries a cover cap 13, a gasket 14 being interposed between cover cap and neck.

The cover cap 13 has a stuffing box 22 centrally located through which a shank 21 carrying a punch 20 is adapted to slide.

Figs. 2, 3, and 4 show the details of the puncturing mechanism described in the specification page 2, lines 58 to 88, as follows:

The operative part of the punch is substantially cylindrical, i. e., of uniform transverse dimensions, except the extreme end, which is tapered externally somewhat, but not to a sharp point, at 27. This last item is important, namely, that the end of the punch has substantial area, which may be nearly as great as the full diameter of the punch, but preferably is a little less. The end face of the punch is slightly recessed, as shown in Figs. 3 and 4, in order to provide a distinct annular edge 28 the major part of which is a cutting edge sharp enough to sever cleanly the opposed wall of the cartridge and make a hole therein of the same outline as the edge 28. A limited portion of the edge 28 at one side of the punch is dull to insure that the puncturing cut out of the cartridge will remain attached at one side of the hole. One side of the punch is cut back or recessed, above the tapered extremity, as indicated at 26, for a sufficient distance from the end of the punch and far enough inward from the continuation of the periphery of the punch, to leave an opening between the rim of the hole formed in the cartridge and that part of the punch which occupies the hole, of exactly the right size to permit discharge of the contents of the cartridge at the prescribed rate.

The punch 20 has at one side a recess 26 which, when the punch has penetrated the cartridge 15 and advanced to its ultimate position, i. e., when stop 30 contacts the top of the cartridge, and is held there by latch 25, leaves an outlet for the carbon dioxide of a definite predetermined size.