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· 5/13/1907

Plunger Elevator Co. v. Standard Plunger Elevator Co.

Citations

  • 153 F. 747
  • 1907 U.S. App. LEXIS 5125

Syllabus

<p>Patents — Infringement—Elevator Mechanism.</p> <p>The Cole patent, No. 700,740, for a valve mechanism for elevators of the plunger type, designed to secure an automatic slow stop of the elevator in both directions, without affecting the rate of speed in starting cannot be so broadly construed as to cover all means for accomplishing such purpose, but is limited to the means shown, which consists of an auxiliary valve mechanism or what may be fairly considered the equivalent of such mechanism ; but, since the invention is not for a mere improvement, in details of construction, hut represents a new and advanced step in the art, the patent is entitled to a fairly broad construction upon the question of what may be considered equivalent' means. As so construed held not infringed by the mechanism shown in the Larsson patents, Nos. 786,653 and 786,654, which does not contain the essential feature of th© Cole invention, namely, the throttling of a portion of the pilot valva passage by the movement of the main valve when the elevator is stopped, nor means which are equivalent.</p>

Judges: Colt

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