BILLINGS, First Assistant Commissioner:

This is an appeal from a decision of the Examiners-in-Chief affirming the rejection by the Primary Examiner of the following claims: 1. A boring-machine comprising a body, a chuck mounted thereon for rotation on a vertical axis, a tool-bar mounted in the body and fitted for sliding motion in the line of the axis of the chuck, a first jib-crane having its mast vertically pivoted on a vertical axis at one side of the chuck, a second jibcrane having its mast pivoted on a vertical axis at the opposite side of the chuck, hoisting and lowering mechanism at each of said cranes, a power device for the actuation of said hoisting and lowering mechanism, and coupling devices for connecting said power device with the hoisting and lowering mechanism of the two cranes alternatively or simultaneously, combined substantially as set forth.

2. A boring-machine comprising a body, a chuck mounted thereon for rotation on a vertical axis, a tool-bar mounted in the body and fitted for sliding motion in the line of the axis of the chuck, a first jib-crane having its mast vertically pivoted on a vertical axis at one side of the chuck, a second jib-crane having its mast pivoted on a vertical axis at the opposite side of the chuck, hoisting and lowering mechanism at each of said cranes, a power device for the actuation of said hoisting and lowering mechanism, and coupling devices for connecting said power device with the hoisting and lowering mechanism of the two cranes and adapted to hoist a load on one crane while lowering a load on the other crane, combined substantialy as set forth.

3. A boring-machine comprising a body, a chuck mounted thereon for rotation on a vertical axis, a tool-bar mounted in the body and fitted for sliding motion in the line of the axis of the chuck, a first jib-crane having its mast vertically pivoted on a vertical axis at one side of the chuck, a second jib-crane having its mast pivoted on a vertical axis at the opposite side of the chuck, a chain and winding mechanism at each of said cranes, a driving-shaft, gearing connecting the driving-shaft idly with the chain and winding mechanism of both cranes, and clutches to serve in connecting said gearing operatively with the chain and winding mechanism of either two cranes, combined substantially as set forth.

The references are: Putnam, April 19, 1881, No. 240,458; American Machinist of January 21, 1888, illustration on page 5; catalogue of Pond Machine Tool Co., illustration on pages 28 and 30, Plainfield, N. J.

The invention is a boring-machine of ordinary type, provided with two hoisting-cranes, one on each side of the machine. These cranes are provided with coupling devices for independently connecting the cranes to a common source of power, so that the crane may be operated simultaneously in opposite directions. By means of this construction one crane may be used for raising an object to be acted upon by the machine while the article which has been previously operated upon by the machine is being lowered from it.

The references show a boring-machine provided with one crane. If the device claimed by the appellant covered nothing more than a boring-machine to which two similar cranes were attached, it is quite clear that the invention would not be patentable, for the reason that 21895-H. Doc. 124, 61-2-14

it would cover only a duplication of what is shown in the prior art. It is believed, however, that applicant has done more than this and that claims 1 and 2 set forth his new construction with sufficient particularity to warrant the grant of a patent.

As stated by the appellant in his brief:

With the old boring-machines provided with a single crane, the machine had to be stopped or allowed to run idle, while the hoisting chain or cable was attached to the completed piece of work, the work was lowered to the floor, the chain was connected to a new piece of work, and until the new piece of work was hoisted to position on the machine. In this way, a great deal of time was lost, as the machine was necessarily idle a good part of the time.

On the other hand, with the applicant's invention, practically no time at all is lost in the handling of the work, for while one piece is being bored, a new piece of work may be hoisted by one crane in position to be swung under the boring-tool, then when the boring is completed, the finished piece of work may be swung to one side by the second crane, thereby permitting the new piece of work to be swung to working position with practically no hiatus at all in the boring operation.

Taking this view, it is held that the inventor has made an advance in the art and that he is entitled to a patent therefor.

Two claims have been submitted with the brief, for which consideration is asked. The practice of presenting new claims for original consideration by the Commissioner is not approved. No good reason is seen for making an exception in this case, and therefore no comment is made upon the claims presented.

Claims 1 and 2 cover the invention in this case and may be allowed. Claim 3, however, sets forth nothing more than a duplication of what is shown to be old in the references of record.

The decision of the Examiners-in-Chief is reversed as to claims 1 and 2 and affirmed as to claim 3.

WILLIAMS v. WEBSTER v. SPRAGUE.

Decided October 2, 1909.

148 O. G., 280.

1. INTERFERENCE-MOTIONS TO DISSOLVE-RENEWAL MOTIONS-APPEAL-PIECEMEAL ACTION.

Where a motion to dissolve embodying two grounds is denied transmission as to both, Held that the grounds may not be separately prosecuted, one by direct appeal and the other by renewal motion and subsequent appeal.

2. SAME-SAME-SAME-SAME.

The bringing of a renewal motion waives the right of appeal from the decision on the original motion.

ON MOTION.

WIND-SHIELD.

Mr. Albert II. Graves for Williams.

Messrs. Gillson & Gillson for Webster.

Messrs. Munn & Co. for Sprague.

BILLINGS, Acting Commissioner:

This case comes up on a motion by Sprague to dismiss two appeals of Webster's from decisions of the Examiner of Interferences refusing to transmit motions to dissolve.

The appeals arose in the following manner: Webster brought a motion to dissolve based on two grounds. The Examiner of Interferences refused to transmit this motion as to either of the grounds. Webster then brought a renewal motion for dissolution based on but one of the grounds before set forth, and as to this ground he made the motion more specific, with a view to overcoming the reason of the Examiner of Interferences for refusing to transmit it. The ground of this second motion was unpatentability of the issue over eight references cited, the subject-matter of which was set forth at some length, and in conclusion it was said that reliance was placed on these references "separately and conjointly." This motion was considered by the Examiner of Interferences and denied transmission in so far as it depended upon the patents cited conjointly, because it was indefinite as to how the references were to be combined.

After this decision on the second or renewal motion, but within the limit of appeal set in the first decision, Webster took an appeal from the decision on the first motion in so far as it denied transmission on the ground not covered in his renewal motion.

A few days later he took an appeal from the decision on the second motion, in so far as it was against him. It is these two appeals which Sprague now seeks to have dismissed. He has brought separate motions for their dismissal, but these are in their nature alternative, for he urges, on the one hand, that the second or renewal motion was improper on account of the then pending original motion, and, on the other hand, that the appeal on the original motion was improper because that motion was, in effect, abandoned by the filing of the renewal motion. It will be readily seen that to sustain either one of these objections robs the other of its force. In short, it is clear that Webster is entitled to one of these appeals, and I believe equally clear that he is not entitled to both of them. To permit a party to prosecute separately, by renewal motions, one or more separate grounds of dissolution advanced in an original motion and then to appeal on the separate motions as they are decided against him would be to sanction a piecemeal procedure, which has been uniformly and properly condemned by the Office.

It becomes necessary, then, to determine which of the two appeals is valid. The Encyclopaedia of Pleading and Practice (vol. 14, pp. 191, 192) states as follows:

Obtaining leave to renew a motion has been held to waive the right of appeal from the first order, and it is clear that an actual renewal of the motion is such a waiver. (Citing authority.)

Webster's renewal motion accordingly amounted to an abandonment of his right to appeal on the original motion. It is clearly equitable that it should be so construed; otherwise a party might seek the same relief by several collateral proceedings, which would work an unnecessary hardship on the other parties.

There appears to be no authority for the contention of Sprague that the renewal motion was improper because of a contemplated appeal upon the original motion, which appeal was, in fact, subsequently taken. The authority above quoted states further, on page 192: The pendency of an appeal from an order is no bar to an application for leave to renew the motion upon which the order was founded.

It is held, therefore, that Webster's appeal based on his original motion is out of order and that the appeal based upon the renewal motion is proper. The former appeal is accordingly dismissed. The latter will be considered at the time for which the hearing is noticed.

Where the terms of the claims in issue are found to apply aptly to the structure of a party to the interference who has copied them from the patent of the other party, Held he has a right to make the claims even though his disclosure embodies an element the use of which it was the expressed purpose of the patentee to render unnecessary by the structure particularly referred to in the claims.

2. SAME-SAME-SAME-DIFFERENCE IN TERMINOLOGY.

"main" and a

Where the interference involves a structure creating a "leakage" flux, it is immaterial for the purposes of the interference that the flux described as the "main flux" by one party is called the "leakageflux" by the other, and vice versa, in their respective specifications. APPEAL from Examiners-in-Chief.

ELECTRIC METER.

Mr. Albert G. Davis for Pratt.

Messrs. Spear, Middleton, Donaldson & Spear for de Ferranti and Hamilton.

BILLINGS, Assistant Commissioner:

This is an appeal by de Ferranti and Hamilton from the decision of the Examiners-in-Chief affirming the decision of the Examiner of Interferences awarding priority of invention to Pratt.

This interference involves the application of Pratt, which was filed April 20, 1904, and the patent to de Ferranti and Hamilton,

granted December 12, 1905, upon an application filed August 14, 1903. Inasmuch as the applications of the interferants were copending de Ferranti and Hamilton derive no benefit from the issue of their patent, and the burden is upon Pratt to prove priority of invention by a preponderance of evidence.

The invention in issue relates to induction-meters for alternating electric currents in which the rotating element which actuates the dials of the meter consists of a non-magnetic disk located between two electric magnets. Rotation is imparted to this disk by reason of the torque produced by the dephasement of the magnetic fluxes passing between the poles of the respective electromagnets. In the devices of each party one of the electromagnets is energized by a few turns of the conductor of the main or working circuit, while the other electromagnet is energized by a large number of turns of wire of a shuntcircuit connected across the main circuit. The rotating disk is therefore subject to the influence of two magnetic fluxes of different phases. Manifestly the greatest rotary effect upon the disk is produced when the two fluxes are dephased with reference to each other exactly ninety degrees, and it is only when such ninety degrees dephasement is reached that the speed of rotation of the disk is accurately proportional to the amount of electrical energy consumed in the main circuit. In order to increase the dephasement of the fluxes of the opposing magnets, both of the parties to this interference have wound the shunt-coil on the intermediate leg of a magnet having three legs or a multiple thereof, the coil being wound in the de Ferranti and Hamilton construction some distance above the pole-faces, while in the Pratt structure the winding on the intermediate leg is brought very close to the lateral pole-faces of the pole on the intermediate leg. In each case the number of lines of force from the shunt-magnet which thread the disk is largely restricted, a greater number of lines passing across the air-space between the outer legs and the middle leg of the shuntmagnet, the latter serving to secure a dephasement of the flux of the shunt-magnet from that of the magnet in the main circuit. The issue of this interference is as follows:

1. An electric meter for use on alternating circuits comprising in combination a series electromagnet; a multipolar shunt-magnet; a coil connected as a shunt across the supply-mains and wound on a part only of said shunt-magnet whereby considerable magnetic leakage is produced from the remaining parts, together with a rotatable element mounted between said series and said shunt magnets.

2. An electric meter for use on alternating circuits comprising in combination, a multipolar series electromagnet; a multipolar shunt-magnet; a coil connected as a shunt across the supply-mains and wound on a part only of said shunt-magnet whereby considerable magnetic leakage is produced from the remaining parts, together with a rotatable element mounted between said series and said shunt magnets.