Appeal from the District Court of the United States for the Eastern District of Illinois.
Before ALSCHULER, EVANS, and PAGE, Circuit Judges.
Appellant brought this suit to restrain infringement of the Joy patent, No. 1,306,064, issued June 10, 1919, and covering a "loading machine" for loading coal. The District Court found there was no infringement, and dismissed the suit.
In his specifications patentee said:
"The present invention relates to certain improvements in loading machines, and especially to that class * * * which are adapted to gather coal from the floor of a mine and transfer it to conveniently placed cars for transportation from the mine.
"In the mining of coal it is the common practice to break the coal from its natural bed by blasting fragments from the face of the vein. By this method the broken coal is left in heaps adjacent the working face from which it must be loaded into the cars, entailing labor of the most arduous character. I am aware that machines have been proposed having inclined conveyers adapted to gather the coal from the floor of the mine and transfer it to conveniently placed cars but great difficulty has been experienced in the operation of such machines owing to the irregular size and shape of the fragments into which the coal is broken by the blasts, to the irregular surface of the floor and to the restricted space, especially vertically, in which the machine must operate.
"It is the especial object of the present invention to provide in a machine of the class described, improved devices by which the coal is gathered from the floor of the mine onto the conveyer by which it is deposited in the pit cars.
"A further object is to provide improved means to feed the gathering device to its work.
"A further object is to provide improved means by which the gathering mechanism can be moved laterally across the working face."
Claims 5, 7, and 30 are representative of the claims sued upon, and are here set forth:
"5. A machine of the class described including a conveyer having a substantially horizontally arranged apron connected thereto, and gathering mechanism including fingers and means to move said fingers in substantially horizontal orbital paths, the greater portions of which extend beyond the free end of said apron.
"7. A machine of the class described including a conveyer, and gathering mechanism including a finger substantially horizontally arranged at each side of the conveyer and means to alternately move said fingers toward and away from the conveyer in noncircular orbital paths.
"30. A loading machine of the class described including a conveyer, gathering members, and means to cause said members to advance from each side of the conveyer to longitudinally penetrate the material to ...