Citation Numbers: 22 F. 787
Judges: Gresham
Filed Date: 11/25/1884
Status: Precedential
Modified Date: 9/9/2022
The complainant, by this suit, seeks to enjoin the defendants from infringing letters patent No. 209,070, issued to the complainant on the fifteenth day of October, 1878, for an “improve
“It is customary to put mixed paints into tin cans for shipment, and purchasers for use are in the habit of cutting away the cover, or a portion thereof, and using the paint direct from the can. As such cans are now .made, when the cover or a part of it has been cut away, a rough edge remains with which the brush will come in contact when drawn over the edge of the -opening, which it is desirable to do to remove and save the surplus’ paint which is likely to adhere to the brush in use. The object of my invention is ■to obviate this difficulty, which I accomplish by providing an annular disk which forms a portion of the cover, with a bead at tiie inner edge, so formed ■-that upon the inside there will be a recess to receive the edge of the disk, which may form the remainder of the cover. Said bead projects upward, and forms a smooth surface over which the brush can be drawn after the necessary portion of the cover has been removed to give access to the paint. I also provide a secondary cover, fitting over said bead and held by friction, which can be used after a portion of the main cover has been removed.
“In the drawings, A represents the body of a paint-can made of tin. B is .an annular disk or ring stamped into the form shown, a being a bead at the inner part of the disk, B, projecting upward, 6 being a recess on the underside, formed by the walls of the bead,®, and c being another recess on the under side of the disk, B, adapted to fit over the upper edge of the body of the ■can, which upper edge is turned over, forming a flange, d. D is a piece of .sheet metal, the edge of which is turned at right angles, forming a flange, which enters the recess, 6, in B, and is there secured either by solder or suitable eemen.t. The outer wall, e, of the bead, a, is perpendicular most of the way. E is a secondary cover, which fits over the bead, a, and is held thereon by friction.* * * When the paint is to be used, that portion of D which .is within the bead, a, can be cut out by means of a knife or other suitable instrument, and the bead, a, will furnish a smooth surface over which to ■draw the brush to remove and save the surplus paint which adheres thereto ;in use; and if, in cutting out said portion of D, by accident any parts are left so projecting as to interfere with the brush, they can be easily bent down .and under the edge of the opening. The secondary cover, E, is a desirable •feature. It frequently happens that only a part of the contents of the can is required for immediate use, and this cover, E, fits nearly air-tight, and is a very good protection. As shown, the central portion, D, of the cover is se•cured in the recess, &, in B; but it is not essential that it be so secured. The ■object of this part, D, is to effectually close the central opening in the ring, B, during transportation, and D, or anything performing its office, may be .secured in place in some other manner. It might lap over the recess, 6, and be soldered to the under side of the part, B. Any sheet so secured as to close the central opening in B during transportation will answer the purpose, and perform the functions of the part, D, provided such sheet can be conveniently cut away to give access to the contents of the can.1’
The claim is as follows:
“In a can, a cover consisting of the annular ring or disk, B, having an upwardly projecting bead, a, and a central portion, D, adapted to be cut away, in combination with the secondary cover, E, fitting over the bead, a, substantially as and for the purposes set forth.”
The complainant’s patent is for a combination of old elements. Whatever merit it has is in the specific arrangement of its parts. TTis invention, if it can be called such, consists in the precise device which ho has described and claimed; and his patent is not infringed, unless the elements entering into the defendants’ device are arranged in substantially the same way. .Does the defendants’ can contain the same elements, or their equivalents, and is it constructed or arranged in the specific form described in the complainant’s patent ? The complainant’s invention consists in so constructing a paint-can that it may be used as a paint-pot after the cover has been removed to give access to the paint. The bead is formed at tlie inner edge of the annular disk, projecting upward, to furnish a smooth surface upon which to wipe the brush, and relieve it of the surplus paint. It is obvious that a brush wiped against a round or smooth surface will wear much longer than when drawn over a rough or sharp edge. The complainant, by using the bead, obviates the difficulty of bringing the brush into contact with the rough or sharp edge of the tin or other metal. The defendant disregards the function of the upwardly projecting head, and in its place employs substantially that which the complainant discards or rejects. The complainant has limited himself in liis claim to a can with an annular ring or disk, having an upwardly projecting bead, and he must stand by his claim as be made it. The elements constituting the defendant’s can are not constructed in the same form as complainant’s. The one employs an annular disk with a sharp, upturned edge; the other, an annular disk with an upwardly projecting bead, presenting a round, smooth surface to the brush. One combination is not the same as another if it substantially differs from it in any of its parts. The defendant’s annular disk, with its sharp, upturned inner edge, is not the equivalent of the complainant’s annular disk, with its smooth, rounded bead, projecting upwards. The complainant distinctly describes the bead, and claims it as a material part of his device. Mathews v. Machine Co. 105 U. S. 54; Bridge v. Excelsior Co. 21 O. G. 1955; S. C. 12 Fed. Rep. 928, note.