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YALE LOCK MANUFACTURING COMPANY v. BERKSHIRE NATIONAL BANK. BERKSHIRE NATIONAL BANK V. YALE LOCK MANUFACTURING COMPANY.

decided: May 5, 1890.

YALE LOCK MANUFACTURING COMPANY
v.
BERKSHIRE NATIONAL BANK.

BERKSHIRE NATIONAL BANK
v.
YALE LOCK MANUFACTURING COMPANY.



APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS.

Author: Blatchford

[ 135 U.S. Page 343]

 MR. JUSTICE BLATCHFORD delivered the opinion of the court.

This is a suit in equity, brought January 29, 1879, in the Circuit Court of the United States for the District of Massachusetts, by the Yale Lock Manufacturing Company, a Connecticut corporation, and James Sargent and Halbert S. Greenleaf, composing the firm of Sargent & Greenleaf, against the Berkshire National Bank, a national banking corporation doing business at North Adams, in Massachusetts.

The suit was brought for the infringement of two reissued letters patent. One of them is reissue No. 7947, granted November 13, 1877, to James Sargent, as inventor, for an "improvement in combined time-lock, combination lock, and bolt-work for safes," on an application filed October 3, 1877, the original patent, No. 195,539, having been granted to Sargent, September 25, 1877. Only claim 3 of reissue No.

[ 135 U.S. Page 3447947]

     is alleged to have been infringed. The other reissue is No. 8550, granted to the Yale Lock Manufacturing Company, January 21, 1879, on an application filed October 14, 1878, for an "improvement in time-locks," the original patent, No. 146,832, having been granted to Samuel A. Little, as inventor, January 27, 1874, and having been reissued as No. 7104, to the Yale Lock Manufacturing Company, May 9, 1876, and again reissued to that company, as No. 8035, January 8, 1878. Only claims 1 and 7 of reissue No. 8550 are alleged to have been infringed.

After the filing of the bill, and by agreement of the parties, Joseph L. Hall, of Cincinnati, Ohio, was admitted as a defendant. An amended bill was filed, and the bank and Hall answered it. As to both reissues, the answer denied that, before they were granted, the patents were inoperative by reason of a defective or insufficient specification; that any errors arose by inadvertency, accident and mistake; that any reissues were necessary or are valid; and that the reissues were for the same inventions as were shown and described in the original patents. It also set up want of novelty and non-infringement.

After replication, proofs were taken on both sides, and the case was heard in the Circuit Court by Judge Lowell. His opinion is reported in 17 Fed. Rep. 531. He held that claim 3 of the Sargent reissue, No. 7947, was invalid, and ordered a decree for the plaintiffs as to claims 1 and 7 of the Little reissue, No. 8550. On the 14th of August, 1883, an interlocutory decree was entered, adjudging reissue No. 8550 to be valid, as to claims 1 and 7; that the defendants had infringed those claims; and ordering a reference to a master to take an account of profits and to report damages.

In July, 1884, the defendants were allowed to amend their answer by setting up an additional anticipation of the Little patent, proofs were taken thereon, and the case was reheard, before Judge Colt, on the new evidence. He affirmed the former decree, in an opinion reported in 26 Fed. Rep. 104.

The master reported $60 damages in favor of the plaintiffs, and both parties excepted to the report. A final decree was

[ 135 U.S. Page 345]

     entered on the 12th of February, 1886, confirming the report, overruling the exceptions of both parties and adjudging a recovery in favor of the plaintiffs for $60 damages and certain costs, dismissing the bill as to the Sargent reissue, No. 7947, and awarding a perpetual injunction as to claims 1 and 7 of the Little reissue, No. 8550. From this decree both parties have appealed. Joseph L. Hall having died, his executors and trustees have been made parties in his place.

The respective specifications and claims of the original Sargent patent, No. 195,539, and of its reissue, No. 7947, are set forth below in parallel columns, the parts in each which are not found in the other being in italic. The drawings are the same in both.

Original patent, No. 195,539. Reissue No. 7947.

"Be it known that I, James "Be it known that I, James

Sargent, of the city of Roches- Sargent, of the city of Roches-

ter, in the county of Monroe ter, in the county of Monroe

and State of New York, have and State of New York, have

invented a certain new and invented a certain new and

useful improvement in locks; useful improvement in com-

and I do hereby declare that bined time-locks, combination-

the following is a full, clear, locks, and bolt-work for safe and

and exact description of the vault doors; and I do hereby

construction and operation of declare that the following is a

the same, reference being had full, clear, and exact descrip-

to the accompanying draw- tion of the construction and

ings, in which figure 1 is an operation of the same, refer-

elevation of my improvement ence being had to the accom-

applied to a safe-door. Fig.2 panying drawings, in which fig-

is a section of the bolt of the ure 1 illustrates a portion of a

time-lock. Fig. 3 is an inside safe or vault door having there-

view of the same. Fig. 4 rep- on a time-lock and a combination

resents detached views of the lock, both of said locks being

dial, pallet, and escape-wheel. represented in a locked condi-

Fig. 5 is a bolt constructed as tion, with the bolt-work projected

integral with the holding-latch. and locked. Fig. 2 illustrates

one form of lock-bolt or obstruc-

tion for use in a time-lock.

Fig. 3 illustrates an inside view

of said lock-bolt or obstruction.

Fig. 4 represents detached

views of the pallet and escape-

wheel, and a portion of one

of the revolving dials. Fig. 5

illustrates another form of lock-

bolt or obstruction for use in

connection with the time-lock for

admitting of locking or un-

locking of the bolt-work.

"My invention consists, first,

in the combination with the

bolt-work of a safe or vault-

door, of a time-lock and a com-

bination or key-lock, both con-

structed to be applied on a safe,

vault, or other door, so as to

rest against or connect with

the bolt-work on said door, and

provided with a device whereby

the bolt-work may be retained

in the unlocked position for

shutting the door, and be au-

tomatically locked by the lock-

bolt or obstruction of the time-

lock, and mechanically by the

combination or key lock, the

whole so arranged that the bolt-

work cannot be withdrawn when

locked till both locks have been

unlocked; second, in the com-

bination of a time-lock and a

combination or key-lock, both

constructed to be applied on a

safe, vault, or other door, so as

to rest against the bolt-work,

each of said locks being pro-

vided with a lock-bolt or ob-

struction, that of the combina-

tion-lock or key-lock being of the

usual construction, while that of

the time-lock has an opening or

offset, which is automatically

brought into and out of coinci-

dence with the tongue of the

bolt-work, whereby the bolt-work

may be retained in the unlocked

position for shutting the door,

and prevented from being re-

tracted when locked, until both

locks have been unlocked; third,

in the combination, with the

bolt-work of a safe or vault-

door, of a combination-lock, con-

trollable mechanically from the

exterior of said door, with a

 time-lock, controllable automat-

ically for unlocking by the

operation of its time mechan-

ism, both of said locks arranged

to control the locking and un-

locking of the bolt-work, so that

said safe or vault-door cannot

be opened when locked until both

of said locks have been un-

locked or released their dogging

action to enable the door to be

opened, substantially as herein-

after described.

"My improvement relates to "The construction and ar-

that class in which two inde- rangement of the time-lock will

pendent locks are employed be more fully hereinafter de-

upon a safe, vault, or other door scribed; but it is evident that

for the purpose of preventing any form or construction of a

the unlocking of the door-bolts time-lock may be used as a

until both locks have been un- part constituting one element

locked. Combination or key- of the combination called for

locks have only heretofore been in my claims.

used for this purpose, so far "Combination or key-locks

as I am aware. As such locks have heretofore been used by

are set on combinations, or op- bankers and others for the pur-

erated by means of keys, bur- pose of preventing the unlock-

glars can force the holders of ing of the bolt-work of a safe or

the combination or key to un- vault-door; but as such locks

lock the door, and hence such are "set on" combinations, or

locks are not a perfect safe- operated by means of keys,

guard against robbery. Clock- burglars can force the holders

locks have also been used upon of the "combination" or key

doors for the purpose of open- to unlock the combination-lock

ing the door only at a deter- or locks, and thus admit of the

mined hour, thus placing it bolt-work being retracted and

beyond the power of any per- the door thrown open. There-

son to open the door until that fore such locks are not a safe-

hour arrives; but so far as I guard against robbery.

am aware, such locks have "Clock-locks have also been

either been used singly on a used upon safe or vault-doors

door (in which case when the for the purpose of opening the

lock releases the bolt or other door at a pre-determined hour,

fastening the door is unlocked thus placing it beyond the

and may be opened by any- power of any person, until the

one,) or else a time-movement arrival of the appointed time,

has been combined directly to open the door; but as far

with a lock in such a manner as I am aware such clock-locks

that the two really constitute have eigher been used singly

but a single lock, in which case on a safe-door, so that, when

if violence is applied to the said lock released the bolt-

lock it at once destroys the work or other fastening of the

efficiency of the time move- said door it was unlocked, and

ment. the door could be opened by

"My invention consists, pri- anyone, or, in another in-

marily, in the combination, with stance, when a time-movement

the door-bolt, of a clock-lock and had been combined with a

a combination or key-lock ap- combination-lock in such a

plied separately upon the door, manner that the two really

having each an independent ac- constituted but a single lock,

tion, whereby the clock-lock will the time mechanism constructed

not release its bolt until a cer- and provided with a lever to

tain determined hour, and when engage with the fence or dog of

it does release its bolt the combi- the combination-lock, so that the

nation or key-lock still remains entire mechanism of the time-

locked and secures the door. movement and combination-lock

"My invention further con- really constitute but a single

sists in combining a clock-lock lock, as aforesaid, the result

with a combination or key-lock, being that, if violence be ap-

both constructed to be applied plied to such a lock through

on a safe, vault, or other door, the dial spindle or otherwise,

to operate in connection with the efficiency of the time-

the bolt-work of such door, said movement will be destroyed.

clock-lock being provided with

a lock-bolt constructed with an

opening or offset, which is auto-

matically brought in and out of

coincidence with the tongue of

the door-bolt in such a manner

that the door-bolt may be re-

tained in an unlocked condi-

tion for shutting, and prevented

from being withdrawn when

locked until both locks have

been unlocked, the prime object

being that each lock shall have

an independent action, so that

the clock-lock will not release

the bolt until a certain determi-

nate hour, and when it does

release its bolt the combination

or key-lock still remains locked

and secures the door.

"A represents the combina- "Referring to the drawings,

tion or key-lock, and B the the letter A designates a com-

clock-lock. These locks are bination or key-lock, and B

provided with bolts C D, of the time-lock. These locks

any desired kind, against which are illustrated as being upon a

strike the studs a a' of the tie- portion of a safe or vault-door,

piece E. When the locks are with the bolt-work projected and

locked, the bolts hold said studs locked, the lock-bolts or obstruc-

out and both locks have to be un- tions being in a locked position.

locked to allow the door-bolt to The lock-bolts or obstructions

retract. C D are, in the present exam-

ple, shown as being constructed

each with a notch or recess, so

that, when said notches or re-

cesses are brought in line with

the tongue-pieces or studs a a'

arranged upon the carrying-bar

E of the bolt-work, they (the

said tongue-pieces or studs)

can, by a movement of the bolt-

work, be made to enter said

notches or recesses, and thus

the bolt-work can be retracted

and the safe or vault-door

thrown open. When the bolt-

work is projected or cast so as

to lock the safe or vault-door,

the lock-bolts or obstructions can

be brought into a locked posi-

tion, the lock-bolt or obstruction

of the combination-lock being

placed in a locked position by

mechanically operating the dial-

spindle, which controls the

movements of the tumblers and

other portions of the lock, while

the lock-bolt or obstruction of

the time-lock will automatically

bring itself into a locked posi-

tion after the door is closed,

whereby the door of the safe or

vault will be locked and guarded

by two locks, one of which is op-

erated from the exterior me-

chanically, while the other

operates on the interior auto-

matically, there being no hole

through the door whereby it

might be operated upon by any

mechanical means.

"The locks A B are separate "The combination-lock and

and independent of each other, the time-lock are separate from

and complete in themselves, and each other in performing their

may be located at any position office or function with respect to

on the door. The combination the bolt-work on the safe or

or key-lock will naturally be vault-door, and each of said

located in line with the spindle locks should be complete in it-

that operates it; but the clock- self, and so constructed that

lock may be placed anywhere they may be placed at any po-

where space is best found for sition on a safe or vault-door.

it on the door, and the stud a' "The combination or key-

of the door-bolt, which connects lock should be located in line

with it, may be lengthened, bent, with the dial-spindle or key

or otherwise arranged to rest which operates it, but the time-

against the lock-bolt in what- lock may be located anywhere

ever position it may be, as on the safe or vault-door where

shown in Fig. 1. sufficient space is present for it,

and the tongue-pieces or studs

on the carrying-bar of the bolt-

work may be of any required

length, bent or otherwise ar-

ranged so as to connect with or

rest against the lock-bolts or

obstructions, when the latter is

moved to the proper position

for obstructing or dogging the

bolt-work, and prevent its re-

traction or unlocking, ...


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