Appeal from the District Court of the United States for the Northern District of New York.
Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
The plaintiff's patent was granted to Frederic W. Hilliard May 25, 1909. His original application was filed August 25, 1896. It was divided, and the patent in suit issued on the application filed November 18, 1904. No typewriters were made in accordance with the patent, and it expired before decision below.
Hilliard wanted to combine visibility in a typewriter with the wearing qualities then obtainable only in an invisible machine. He recognized the great durability and stability of alignment which had been obtained by using type bars mounted on a full ring with room for adequate bearings as exemplified by the Remington invisible typewriter. He attempted to solve the problem of getting visibility without sacrificing these advantages. Visible typewriters were then well known, but not as yet had a satisfactory way been found to crowd all the type bars into a segment of a type ring, so common to-day, and get a machine which would stand up well in use. As he states in his specifications:
"My invention is an improvement in typewriting machines, its primary aim being to produce a typewriter with the double advantage of printing in sight and with a whole type ring in which to pivot the type bars.
"Typewriters heretofore constructed are divisible into two classes, viz., those in which the printing is done out of sight but which are provided with whole type rings for the type bars, and those which print in sight but which are only provided with arcs of type rings for the type bars. My invention combines the advantages of each of the two classes without their disadvantages. As illustrating my meaning, the circle in which the type bars are pivoted, may be considered as comprising the four quadrants, or 90 degree arcs, thereof; and in my machine the type bars are pivoted in all four such arcs, while in many other visible writing machines, heretofore in use, the whole set of type bars is comprised within two, and usually less than two, such arcs. For convenience of description it may be said that my set of type bars comprise four series of bars, viz., those pivoted in the quadrant at the top of the circle, those pivoted in the two quadrants the one at the right and the other at the left hand side of the circle, and those pivoted in the quadrant at the bottom of the circle; the whole set thus being comprised in four arcs of 90 degrees each."
Again his specifications declare that:
"By this arrangement I am enabled to secure a whole type ring in which to pivot the type bars, and I also secure the additional advantage of printing in sight. Heretofore type writing machines have either been constructed to print out of sight or else the type bars have all been mounted in only one half of the type ring. By my present construction I have secured the advantages of both classes of machines without their disadvantages."
Thirty claims of his patent were allowed. Nos. 5, 20, 22, 23, and 30 are relied on. They are as follows:
"5. In a type-writing machine, the combination of a printing platen, a type bar plate mounted in front of the platen, in a plane oblique to the horizontal plane of the machine and having a central opening in the line of vision between the operator and the platen, a series of type bars mounted on the type bar plate around the central opening arranged to strike through the opening to the platen, a series of connecting wires attached to the type bars at one end and extending in a direction substantially parallel to the said line of vision, a series of bell crank levers to which the said connecting wires are attached at their other ends, and another series of connecting wires attached by one end to the said bell crank levers and by their other ends to a series of key levers, substantially as described."
"20. In a typewriting machine, the combination of a platen, a series of pivoted typebars each provided with a plurality of types rigidly secured thereto, said type-bars being pivoted in an arc which lies in a plane oblique to the horizontal plane of the machine, and being constructed and arranged to strike between the top and front of the platen, a shift key, and connections between said shift key and said platen constructed and arranged to enable the platen to be shifted transversely from one position to another located in a plane parallel to the said oblique plane in which the type-bar pivots are situated."
"22. The combination of the platen movable endwise and also transversely to printing positions in a plane oblique to the horizontal plane of the machine, means for at will moving the platen transversely, a series of type-bars pivoted in front of the platen, the pivots of the type-bars being situated in one or more planes oblique to a horizontal plane and each type bar having more than one character thereon, a series of horizontally disposed key levers pivoted in the rear of the type bar pivots and extending forward under the platen and type-bars, a series of angular levers or bell cranks pivoted below the type-bars and each operatively connecting a key lever with its corresponding typebar."
"23. The combination of an endwise movable platen mounted to be shifted transversely to printing positions in a plane oblique to the horizontal plane of the machine, a series of pivoted type bars each having more than one character thereon, in front of the platen and normally lying inclined toward the front of the machine and arranged to strike downwardly upon the upper front quarter of the platen, a series of key levers pivoted in rear of the type bar pivots, a series of levers ...