Слике страница
PDF
ePub

tion are present, there is present the Eickemeyer invention; and where this construction and mode of operation are absent, the Eickemeyer invention is absent. The lesser external and greater internal dimensions of the two halves of the Eickemeyer coil are made the sole test and criterion of the invention on every page of the drawings and specification of the patent, whether the coil be adapted to bipolar or multipolar machines, or to single or double layer windings. It is the one, fundamental, essential, fixed, and unvarying characteristic of the Eickemeyer coil. The first claim declares that the coil "at one side of what may be termed its ‘axial line' is of lesser external dimensions than the internal dimensions of the opposite portion.” The second claim declares that each coil has "substantially one half thereof of lesser external dimensions than the internal dimensions of the other half." Taking in the hand an Eickemeyer coil, we see at a glance the lesser external and greater internal dimensions of its two halves. Turning to the drawings of the patent, the same characteristic feature is always apparent. It is also stamped on every page of the specification, as sufficiently appears from the following extracts:

"Whether my coils or windings are adapted for use in bipolar or in multipolar machines, they are novel, in that each at one side of what may be termed its ‘axial line' is of lesser external dimensions than the internal dimensions of its opposite portion, and both of said portions are substantially alike in contour, so that they can be symmetrically assembled upon a drum or core, and enable at the ends of said core one portion of each coil to overlie and the other portion to underlie app ate portions of other coils." "In this armature (referring to Figs. 1 and 2] there are thirty-six counterpart coils, D, of conducting wire, and each coil at one side of its axial line (indicated in dotted lines in Fig. 3) is of lesser external dimensions than the internal dimensions of the opposite portion, and both of said portions are substantially alike in contour, and this characteristic feature is always maintained by me regardless of the number of windings in the coil and of variations in the form of the armature to be covered.” “In each coil there is a long side, b, and a short side, b', and in each case the short side can be passed into or through the long side, because for the first time a portion of each coil which is at one side of its axial line is of lesser external dimensions than the internal dimensions of the opposite portion of the coil, although both portions are substantially alike in contour.”

The inspection of an Eickemeyer coil, the examination of the drawings of the patent, and the reading of the specification, leave no room for doubt as to the meaning of the first two claims, and the novelty and scope of the invention therein described. The patentee expressly declares that his coil is “novel” in that one portion "at one side of what may be termed its ‘axial line' is of lesser external dimensions than the internal dimensions of its opposite portion"; that “this characteristic feature is always maintained”; and that "for the first time, a portion of each coil which is at one side of its axial line is of lesser external dimensions than the internal dimensions of the opposite portion of the coil.”

The defendant's coil, with its axial line corresponding to Fig. 3 of the Eickemeyer patent, is shown in the following cut:

[ocr errors][merged small][merged small]

It is apparent that the two halves of this coil are equal and its two sides equal, and that consequently one half cannot pass into and through the other half. Manifestly this coil has neither the structural form nor the mode of operation of the Eickemeyer coil. It does not have the lesser external and greater internal dimensions of the two halves, nor the mode of operation whereby the smaller half of one coil may pass into and through the larger halves of other coils. There is absent from this coil the “novel” feature “always maintained" of the Eickemeyer coil, and hence the very essence of the Eickemeyer invention.

To hold that defendant's coil infringes claim I, we must, by construction, add to the claim the following words:

“This claim is not limited to a coil in which one portion at one side of its axial line is of lesser external dimensions than the internal dimensions of the opposite portion, but includes a coil in which one portion, at one side of its axial line, is of the same dimensions as the opposite portion."

And to hold that defendant's coil infringes claim 2, we must, by construction, add to the claim the following words:

**This claim is not limited to a series of coils 'each baving substantially one half thereof of lesser external dimensions than the internal dimensions of the other half,' but includes a series of coils in which the dimensions of cach half of each coil are the same as the dimensions of the other half.”

Further, to hold that defendant's coil infringes these claims we must ignore the express language of the specification, wherein the patentee defines the "novel" feature of his coil, and declares that “this characteristic feature is always maintained by me.'

The most liberal rule of construction known to the patent law will not sanction such an interpretation of the specification and claims of a patent, or such an expansion of the invention. Such a construction and enlargement of the patent are manifestly a contradiction of its specific terms, and an attempt to read into the patent a structure never contemplated by the patentee, and entirely outside of his invention.

The complainant seeks to show infringement of these claims by two theories of construction, which are equally untenable. The first may be called the theory of the complainant's experts; and the second, the theory of the complainant's counsel, advanced during their closing argument in this court, and further supported by supplemental briefs. The first theory is founded upon the proposition that the two halves of the defendant's coil are to be measured, not by their own dimensions, but by their position on the armature drum, and that, when so measured, there are found the lesser external and greater internal dimensions of the Eickemeyer patent. Mr. Bentley, complainant's expert, says:

51 C.C.A.-29

"When the coil is in place in the winding, one side lies close along the drum, and the other side is lifted up into an outer layer by means of the offset, to embrace the lower half of the next coil. The elevated half of the coil then has the larger dimensions, and the depressed portion the smaller dimensions, the fornier being on one side and the latter on the other side of the coil axis."

The difficulty with this theory is that it is purely hypothetical. There is no suggestion of any such method of measurement in the Eickemeyer patent, and, consequently, there is no warrant for applying such a method of measurement to defendant's coil. The halves of the Eickemeyer coil are measured by their own dimensions, and not by their dimensions when placed on the armature-core, or their dimensions relative to the axis of such core. The first claim of the patent is for a single coil of the specific form described. The second claim is for a series of these coils, each of the specific form described; and the only question is whether the defendant's coil has substantially the same structural form. We are dealing with the form of specific things, and not with their position relative to something else. We cannot alter the form of a thing by placing it upon another thing. The Eickemeyer coil does not change its form either by laying it on a table or by the collection of a series upon a drum armature. Nor can changes in position alter the relative dimensions of the halves of such coils. They cannot make unequal halves equal, or more equal, or less equal; and the same is true of defendant's coil. Its equal halves remain equal, and it is impossible to make them unequal by mere change of position. The measurement of the two halves of the defendant's coil relative to their positions on the armature is an attempt to prove infringement by an assumed and indefensible method. The adoption of this theory of measurement would make the halves of the Eickemeyer coil equal in some of the various forms of its use described in the patent. This theory illustrates that, as soon as we depart from the plain, simple, and unmistakable description and drawings of the Eickemeyer patent, we become involved in a maze of irrational and contradictory conclusions. The complainant's experts did not find the axial line of the Eickemeyer coil in any other position than as shown in Fig. 3 of the patent, or the axial line of defendant's coil in any other position than as indicated in the cut shown above; the line in each case splitting the offsets of the coils in their center. They undertook, however, to prove that the defendant's coil had, in fact, the unequal halves of the Eickemeyer coil, by measuring those halves with reference to their position on the armature core. This contention may be said to have been substantially abandoned at the argument, and the new theory advanced that the true axial line of the Eickemeyer coil is not the line indicated in Fig. 3, but another line which would include the whole of the offsets in the larger half or portion of the coil, and that the axial line of the defendant's coil is not the line which divides the coil into equal halves, but is a line which includes the whole of the offsets in one half. This theory may be illustrated by the following figures, taken from complainant's supplemental brief:

Pige Two portions of Eichemeyer
Coil or opposite sides of Axiai
Line -

Fig18. Defe.rdantis coil with

portions on opposite sides. of axial linett separated.

Portion of greater internal dimer sion emòracing portion ofone adjacent coil oplewer external dimensioni

Portion of lesser ezternal dimensions
enbraced by portion ofother adjacent
coil 9 greater internal dimensions

Here again we have a pure theory based upon false premises. The first false premise is the assumption of an axial line for the Eickemeyer coil which does not exist in fact, and the second false premise is the assumption of an axial line for defendant's coil which does not exist in fact. It can serve no good purpose to discuss the reasons why the axial line of the Eickemeyer coil should be or must be at one side of the offsets, or the consequences which flow from such an assumption, when the fact is otherwise. By arbitrarily changing the axial line of the Eickemeyer coil we can alter the relative dimensions of its two halves to suit our purpose, and by the same method we can make the two halves of the defendant's coil to coniorm therewith. By the same method also, or by making another arbitrary change in the axial lines, we might bring other coils within the Eickemeyer patent. But the question of infringement in this case is not to be determined by assumptions and hypotheses. We must keep within the region of facts and things. An Eickemeyer coil, on its face, by virtue of its configuration, has unequal halves, and there is no theory or hypothesis or reasoning which can make those two halves equal. The defendant's coil, on its face, by virtue of its configuration, has equal halves, and there is no theory or hypothesis or reasoning which can make these halves unequal. There is no justification in the Eickemeyer patent for the assumption that the axial line is not exactly where it is located in Fig. 3. The specification says that its position is indicated in Fig. 3, and this is further confirmed by the following description in the specification respecting the curves and offsets of each convolution of wire in the coil :

"In order that the crossing of the wire in each coil may be obviated, the wire at each end in each convolution is curved in evolute lines at both sides of what inay be termed the ‘axial line' of the coil, and at the center or inner ends of said evolute curves or bends the wire is offset and occupies lines which are parallel with the axis of the coil, thus making one side of the coil longer than the other side, so that the short side of any one coil may be passed into and through the long sides of other coils."

Each wire is curved in evolute lines on both sides of the “axial line," and at the center of the evolute curves the wire is offset and occupies lines parallel with the axis of the coil. This description locates the axial line exactly as shown in Fig. 3, where it splits the offsets in the center. The axial line of the Eickemeyer coil divides the coil into two unequal halves, so unequal that the lesser half must have the capacity of passing into and through the larger halves of other coils, for this is the function or mode of operation of this novel coil. The axial line in defendant's coil divides the coil into equal halves, having no such function or mode of operation. It follows, of necessity, that the defendant's coil is outside of the Eickemeyer invention disclosed in claims i and 2 of the patent, and therefore cannot infringe these claims. The consideration of claim 4

remains : "In a dynamo-electric armature, a winding composed of detachable counterpart coils, each of which is placed in immediate contact with the periphery of the armature core at one side only, substantially as described."

Upon its face, this claim covers every winding for a dynamo-electric machine composed of any form of detachable counterpart coils placed upon the periphery of the armature core in a double-layer winding,

« ПретходнаНастави »