Flower v. Detroit , 8 S. Ct. 1291 ( 1888 )

127 U.S. 563 (1888)

FLOWER
v.
DETROIT.

No. 203.

Supreme Court of United States.

Argued April 3, 1888. Decided May 14, 1888. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN.

Mr. Edward J. Hill for appellants.

Mr. George L. Roberts for appellees.

MR. JUSTICE BLATCHFORD delivered the opinion of the court.

This is a suit in equity, brought in the Circuit Court of the United States for the Eastern District of Michigan, by James Flower, Thomas Flower, and George Flower, against the City of Detroit, the Fire Commission of the City of Detroit, Benjamin Vernon, president thereof, and the Board of Water Commissioners of the City of Detroit, for the infringement of reissued letters patent No. 6990, granted March 14, 1876, on an application filed February 17, 1876, to Thomas R. Bailey, Jr., for an "improvement in hydrants," the original patent, No. 75,344, having been granted to said Bailey, March 10, 1868. Among the defences set up in the answer, it was alleged that new matter, not constituting any substantial part of the alleged invention upon which the original patent was granted, was introduced into the specification of the reissue, and that the reissue is not for the same invention as the original patent, and is void.

The specifications and claims of the original and of the reissue are here placed side by side in parallel columns, the parts in each which are not found in the other being in italic.

Original.                                Reissue.
"To all whom it may concern:            "To all whom it may concern:
Be it known that I, T.R.                  Be it known that I, T.R.
Bailey, Jr., of Lockport, in              Bailey, Jr., of Lockport, in
the county of Niagara, and                the county of Niagara, and
State of New York, have invented          State of New York, have invented
a new and improved                        a new and improved
hydrant fire-plug; and I do               hydrant fire-plug; and I do
hereby declare that the following         hereby declare the following
is a full, clear and exact                to be a full, clear and exact
description thereof, which will           description thereof, which will
enable those skilled in the art           enable others skilled in the art
to make and use the same,                 to which my invention relates
reference being had to the accompanying   to make and use the same,
drawings, forming                         reference being had to the accompanying
part of this specification.               drawing, which
forms a part of this specification.
This invention relates to a               This invention relates to

new and improved method of                improvements in the construction
constructing fire-plugs or hydrants;      of fire-plugs or hydrants.
and the invention consists
in operating a cylinder-valve
in a suitable case, and in
the arrangement and combination
of parts connected therewith,
as hereinafter described.
Figure 1 represents a longitudinal        In the drawing, Figure 1
central section of the                    represents a longitudinal central
hydrant, showing the parts of             section of a hydrant according
which it is composed and the              to my invention;
manner of their arrangement.                Fig. 2, a cross-section of the
Fig. 2 is a cross-section of Fig.         same through lines x x of
1 through the line x x.                   Fig. 1.
Similar letters of reference
indicate corresponding parts.
My invention consists in the
following parts and combinations,
as hereinafter specified
and claimed, wherein
A represents the hydrant-tube,            A represents the hydrant-tube,
from which the water is                   from which water is discharged.
discharged. B is the horizontal           B is the horizontal
section which is connected                section which is connected
with the ``water-main,' and                with the water-main, and
which forms the valve-chamber             which may form the valve-chamber.
C is a loose casing around                C is a loose movable casing
the hydrant-tube, for protecting          around the hydrant-tube. D
the tube from dirt, etc. D                is the cylinder-valve, having
is the cylinder-valve, which              its seat at its lower end, upon
has its seat at its lower end,            suitable elastic packing, secured
on elastic or leather packing,            in a groove, as shown at
secured in a groove, as seen in           a. E is a rod, having a screw
the drawing at a. E is a rod,             thread on its upper end, by
having a screw thread on its              which the valve is operated.
upper end, by which the valve             F is a sleeve-nut engaged with

is operated. F is a sleeve-nut,           the screw-nut on the rod E,
which engages with the screw              lifting and lowering said rod
on the rod, raising and lowering          as the nut is turned one way
it as the nut is turned.                  or another. This nut is turned
This nut is turned by a wrench            by a wrench or crank, or other
on the head G.                            suitable device on the head G.
The sleeve-nut is secured in              The sleeve-nut is screwed in
the cap of the hydrant by a               the cap of the hydrant by a
collar, and packing under the             collar, and packing under the
hollow cylinder stuffing-box              hollow cylinder stuffing-box
H, as seen in the drawing. J              H. J is a yoke, which is attached
is a yoke, which is attached              to the rod E by a set-screw,
to the rod E by a set-screw,              or its equivalent, and it
and which is secured in the               is screwed in the tube A, and
tube A, and prevented from                prevented from turning, as it
turning, as it moves up and               moves up and down, by projecting
down, by projecting lugs, as              lugs, as shown in detail
seen in Fig. 2; and it will be            at Fig. 2. It will be noticed
seen that the arrangement is              that the arrangement is such
such that the rod and valve               that the rod and valve may
may be raised and lowered                 be raised and lowered without
without being rotated. This               being rotated, thus securing a
secures a uniform and perfect             uniform and perfect bearing
bearing of the valve on its               of the valve on its seat, the
seat, the packing a remaining             packing a remaining undisturbed.
undisturbed.
Provision is made for the                 Provision is made for the
discharge of the waste water              discharge of the waste water
by an orifice beneath the valve           by an orifice, f, beneath the
D, marked f, which orifice is             valve D, which orifice is
opened and closed by a valve              opened and closed by a valve
marked g, as seen in the drawing.         g. A wing h is provided upon
h is a wing on the top                    the top of this valve.
of this valve.
As the cylinder-valve D descends          As the cylinder-valve D descends,
the angular flange i on                   the angular flange i on
its inside strikes the wing h             its inside, striking the wing h,
and raises the valve, as seen             raises the valve, as shown in

in the drawing, thus allowing             the drawing, and allows any
any water which may remain                water which may remain in
in the hydrant to escape                  the hydrant to escape down
through the orifice f and aperture        through the orifice f and aperture
k. It will be thus seen                   K, thus preventing any
that no water will be left in             retention of water above the
the hydrant to freeze in cold             freezing level.
weather.
The tube A is secured to                  The tube A' is secured to
the horizontal section B by a             the horizontal section B by a
ring-nut, m, which contains               ring-nut, m, which contains
recesses for packing-rings around         recesses for packing-rings around
the valve, as seen at n n.                the valve, as shown at
Packing around the valve is               n. Packing about the valve
secured by another ring-nut               is also secured by another ring-nut
o, and also under the end of              o, and also under the end
the tube A, as seen in the                of the tube A, as shown in the
drawing.                                  drawings.
P represents the discharge-pipe,          P represents the discharge-pipe,
with a screw for the attachment           with a screw for the attachment
of the hose, and a                        of the hose, and a
cap-piece for covering the pipe           cap-piece for covering the pipe
when the hydrant is not in                when the hydrant is not in
use.                                      use.
It will be observed that the
casing C loosely rests upon the
main B, or upon a branch projecting
upward from the same.
This casing extends upward,
enveloping the main portion
of the water-pipe A, at least
that portion which is subterranean.
Said casing extends
upwards and fits loosely about
the plug or hydrant at the portion
A'. Above the upper terminus
of the casing C is provided
the bead a upon the

hydrant proper. Sufficient
space is left between the bead a
and the upper terminus of the
casing C to permit of sufficient
up-and-down play of the said
casing C, for the purpose
which will hereafter more
fully appear. This distance
between the bead and casing
may be adjusted to any desired
distance, thus lengthening or
shortening it, by means of its
screw attachment at its base.
The main function of the
casing C is to prevent derangement
of parts during cold
weather by the ground alternately
freezing and thawing
around the hydrant or plug.
This process of freezing causes
the surrounding earth, by its
expansion, to lift or upheave,
and thus be liable to derange
the hydrant or plug. This upheaval
or movement is received
by the casing C, which, by its
capability of sliding loosely up
and down, will accommodate
the upheaval of the earth above
mentioned, without any liability
to derange the plug or
hydrant. This is the chief
function of the casing C, although
it likewise serves the
purpose of protection to the
water-pipe A.
Having thus described my                 What I claim is —
invention, I claim as new and

desire to secure by Letters
Patent —
1. A hydrant or water plug,               1. In combination with a
constructed substantially as              hydrant or fire-plug, a detached
shown and described, — that is            and surrounding casing C,
to say, with the parts A and B            said casing adapted to have an
connected together, as shown,             independent up-and-down motion
sufficient to receive the
entire movement imparted by
the upheaval of the surrounding
earth by freezing, without
derangement or disturbance of
the hydrant or plug proper,
substantially as shown.
and with a cylinder-valve and               2. In combination with a
a waste-water valve connected             hydrant or fire-plug pipe A,
and operated in combination               the supply-pipe B, and cylinder-valve
substantially as herein specified.        and waste-valve,
connected and operated substantially
as herein shown and
described.
2. The arrangement of the                 3. The combination of the
parts A, B, valve D, case C,              hydrant or fire-plug pipe A,
and stuffing-box H, as herein             supply-pipe B, valve D, casing
described, for the purpose specified."    C, and stuffing-box H, substantially
as and for the purpose
shown."

The drawings of the original and of the reissue are also here [see next page] placed side by side:

The material difference between the descriptive parts of the two specifications is that, in the reissue, it is stated that the casing C is movable, and that sufficient space is left between the bead a upon the hydrant proper, and the upper terminus of the casing C, to permit of sufficient up-and-down play of the casing C to allow it to slide loosely up and down, to accommodate the upward and downward movement of the earth during the process of freezing and thawing, without any

liability to derange the plug or hydrant. The casing could not thus slide loosely up and down, unless sufficient space were left between the bead a and the upper terminus of the casing. No suggestion of such arrangement is found in the specification of the original patent, and the drawing of that patent shows no space between the upper terminus of the casing and the bead or flange above it. This is new matter introduced into the specification of the reissue, contrary to the express inhibition of § 4916 of the Revised Statutes.

Claim 1 of the reissue is for an invention not indicated or suggested in the original patent, namely, the independent up-and-down motion of the casing. In addition to this, the drawing of the original patent shows a close contact between the top of the casing and the bead or flange above it, so as absolutely to forbid any such independent up-and-down motion of the casing as is covered by the first claim of the reissue, while the drawing, Figure 1, of the reissue, shows a sufficient space between the top of the casing and the bead or flange above it to admit of such independent up-and-down motion.

Issue having been joined, proofs were taken on both sides, and the Circuit Court entered a decree dismissing the bill, from which the plaintiffs have appealed. Its opinion accompanies the record, and is reported in 22 Fed. Rep. 292. It held that the reissued patent was invalid, as matter of law, upon a comparison of the original with the reissue. We concur in this view.

It is sought to sustain the validity of the reissue by attempting to show that the model filed in the Patent Office with the original application exhibited the invention covered by the first claim of the reissue. It is doubtful whether that fact is satisfactorily established. But, irrespective of this, the case falls directly within the recent decision of this court in Parker & Whipple Co. v. Yale Clock Co., 123 U.S. 87. It was held in that case, that what was suggested in the original specification, drawings, or patent office model is not to be considered as a part of the invention intended to have been covered by the original patent, unless it can be seen from a comparison of the two patents that the invention which the original patent was intended to cover embraced the things thus suggested or indicated in the original specification, drawings, or patent office model, and unless the original specification indicated that those things were embraced in the invention intended to have been secured by the original patent. (See, also, Hoskin v. Fisher, 125 U.S. 217.) In the present case, it cannot be seen from a comparison of the two patents that the original specification indicated that what is covered by the first claim of the reissue was intended to have been secured by the original.

In the present case, also, the reissue was not applied for until nearly eight years after the original patent was granted, and the reissue was taken with the manifest intention of covering, by an enlarged claim, structures which in the meantime had gone into extensive public use, and which were not covered by any claim of the original patent.

Infringement is alleged only of claims 1 and 3 of the reissue. As to the casing C of the third claim, it cannot, any more than the casing C of the first claim, be held to cover a casing which has the independent up-and-down motion referred to. Such casing must be construed to be the casing exhibited in the drawing annexed to the original patent, that is, one in which the up-and-down play is restricted by the overlapping bead or flange. On any other construction, claim 3 is an unlawful expansion, in regard to the casing, of what is found in the original patent. In addition to this, if the casing of claim 3 is only a casing which has no end play, it is anticipated by what is shown in letters patent No. 19,206, granted to Race and Mathews, January 26, 1858, which patent was the subject of the decision of this court in Mathews v. Machine Co., 105 U.S. 54.

The decree of the Circuit Court is affirmed.