588 



GLEANINGS IN BEE CULTURE. 



Sept. 



DECISION OF ASSOCIATE OUSTICE STANLEY MAT- 

 THEWS, OK THE SUPREME COURT OB" THE UNITED 

 STATES, IN ItEGAllD TO THE ONE-PIECE SECTION. 



No. 4206. 



CIRCUIT Court of the Ignited States, 

 Northern District of Ohio. 

 James Forncrook ) In Ecinity. 



r.x. - Opinion of Justice 



Amos 1. Koot. I Matthews. 



For Comphiinant, Wm. P. Wells, of Detroit; for De- 

 fendant, J. A. Osborne, of Cleveland, C, and M. 

 D. Leg-get t. 



This is a bill in equity to restrain the alleg-ed in- 

 fringement of Letters Patent No. 243,(574, granted 

 June 2Stli. issl, t(i the eciiii|ilaiiiant, .lames Forn- 

 crook, of Watcrtouii, Wisconsin, tor a new and use- 

 ful improv<'inciit in Sectional Honey-Frames, and 

 for an accmint, etc. 



Tiieclairu ol the patent is as follows: " As a new 

 article of manufacture, a blank for honey-frames 

 formed of a single piece of wood having transverse 

 angular grooves c, longitudinal groove d, and re- 

 cesses 7), all arranged in the manner shown and de- 

 scribed." 



As set out in the specifications, " This invention 

 relates to an improvement in sectional lione.N- 

 fraines, the object being- to so construct them that 

 they shall be stronger and in a more ijortalile torm 

 than the frames now used for such iiurixises; and 

 the invention consists, essentially-, in I'oi-miiig the 

 frame from a single blank or piece of material lia\ - 

 ing all the necessary grooves and recesses required 

 to form a complete frame cut in it, the ends of the 

 blank being notched, or dentated, and angular 

 grooves cut across it at those points which are to 

 form the corners. These blanks, after being thus 

 prepared, may be packed solidly in boxes or other- 

 wise for transportation, and when i-c(juii-ed for use 

 are bent into the square form, and theirends united 

 at one of the corners by means of the interlocking 

 notches, or teeth, thus forming a complete frame 

 ready for use." 



It is further stated, that " the blanks for these 

 frames are preferably formed from some light, 

 tasteless, and compai-ati\ely tough wood, which will 

 bend at the corners without steaming or boiling, 

 such as basswood or whitewood, the material being 

 produced by cutting it from the log in the form of a 

 thick veneer, or by sawing into thin stuff and then 

 planing both surfaces. The blanks are then cut 

 from this material, of the i)roper width and length, 

 and the ends dentated, as shown at mi. by means of 

 a series of circular saws placed close toiictlier upon 

 an arbor oi- other suitable tool, so that they will in- 

 terlock when liroujiht together. The recesses hJi 

 are then formed in its edfics at such i>oints in its 

 length as will In-ing them at the to]! and liottoni ot 

 the frames when set up in the hi\-e. These recesses 

 form openings, which allow space for the passage 

 of the bees between the frames, and for the ventila- 

 tion of this part of the hive. Three triangular 

 grooves, ccc, are then cut across the blank at such 

 points in its length as will divide it into four nearly 

 equal pai-ts, each of which forms one side of the 

 frame after the blanlc is bent into a quadrangular 

 shape. These triangular grooves are cut nearly 

 through the blank, sullicient wood onlv being left 

 to hold the iiarts tinnly togethei-. As the sides of 

 the grooves (■ are inclined toward each other at a 

 right angle, it follows that, when the blank is bent 

 into the form of a frame, these gi-ooves make per- 

 fecTly titting- miter-.joints at three of its corners, 

 the fourth corner being that at which the ends of 

 the blank are united to each other by means of the 

 interlocking teeth formed thereon. In one of the 

 spaces between two of the grooves c, and prefera- 

 bly that which will form the toji of the frame when 

 placed in the hive, is loinied a lonuitudinal gi-oove, 

 ri, for the guide-strip, which iiiaUes a secure point 

 of attachment for the comb when the lices liegin to 

 build in the frames sot side by side in the hive with 

 the parts of the frame containing the recesses b5 

 at top." 



"These frames," it is added, " meet a want long- 

 felt by bee-keepers, as those in conunon use are 

 either dovetailed or nailed to;;ether at the cor- 

 ners; and if set up at the manufactory, form a 

 large bulk for transportation, and are very liable to 

 breakage in handling; but it sold to the user in 

 pieces to be put together by him, the numerous 

 joints to be made cause loss of time, and produce a 

 very fragile article when finished, wbieh loses its 



rectangular shape with the slightest rough usage, 

 as the joints at the corners lack the necessary 

 strength and rigidity to hold them in shape." 



" My frame," the specification continues, " will be 

 found to jiossess none of the above-named defects, 

 as it is intended for transixirtation in solid pack- 

 ages before being set up, and when set up possesses 

 great strengtli and rigidity, in-eserving its form 

 without dilhcultv during all the rough handling to 

 which such frames are li-e(iu<'ntly subjected." 



The defendant denies infringement, and alleges 

 want of patentable no\ city in the alleged inven- 

 tion. 



It is admitted, that the defendant manufactures 

 and sells blanks for honey-frames, like those of 

 the complainant, in all respects but one. They 

 omit the longitudinal groove for the guide-strip for 

 attaching a piece of comb as a beginning point for 

 the work of the bees. 



It is claimed liv the defendant, that this omission 

 issiillic-ient todistinsiuish his manufacture from that 

 (lesci-ilxMl in the iiatent. as it is contended that the 

 |iatent is foi- a honey-section containing a combina- 

 tion of all the elements specified in the patent, so 

 ' that each element, by force of the patent, has been 

 made material to the alleged Invention described 

 and secured thereby. 



It is insisted, however, on the other hand, that 

 this is a misconception of the Invention patented; 

 and tliat "the patent," to use the language of coun- 

 ! scl, is for " the construction of a blank completely 

 ailaptedto form a honey-section ready for imme- 

 diate use by simply bending it into shape, and 

 joining its ends"— that is, the patent is not for a 

 honey-section with all the features enumerated con- 

 sidered as a combination, but for the blank adapted 

 for its construction, by simply bending and uniting 

 the ends. 



Conceding this to be the true meaning of the 

 claim, it is necessary, to support the patent, to con- 

 sider it as embracing the honey-frame, as thus 

 formed and made, out of such a blank; for sup- 

 posing the frame or section not to be covered by 

 the patent, would leave as included in and covered 

 by it merely the idea of leaving the blank in its 

 condition as such, for the purpose of more conven- 

 ient packing and transportation, to be formed by 

 bending together and uniting its ends, by the pur- 

 chaser for use, into a honey-frame. The embodi- 

 ment of that single idea can hardly be supposed to 

 be the proper subject of a patent. It is merely the 

 adoption of a form for handling and packing, which 

 is not regarded by the statute as an improvement 

 in an art or manufacture. 



If the patentee is entitled to claim the blank as a 

 new and useful device, it is because it is a constit- 

 uent of the frame oi- section into which it is form- 

 ed liy liending, no matter who l)ends it, whether the 

 makei- ortlie purc-haser tor use. And if the State of 

 the ai-t at the date of the allegi'd invention was such 

 that the patentee can not claim as his invention the 

 honey-frame or section when formed by bending 

 and uniting the ends of such a frame, then he can 

 not, for the same reason; claim as his Invention such 

 a blank for the purpose of forming it into a frame 

 or a section. 



The question, therefore, is, whether upon the evi- 

 dence, at the date of the alleged invention, the man- 

 ufacturer of honey-frames oi- sections, by bend- 

 ing and uniting the ends of a blank consisting of 

 a single ])iece, substantially as described in this 

 patent, was a patentable novelty. 



Upon a careful comparison and consideration of 

 all the evidence, this question must be answered in 

 the negative. 



Alexander Fiddes testifies to making and using 

 honey-sections formed from a single piece, grooved, 

 bent, and united at the ends, as early as 1872 and 

 IS7;!, some of which he sold toothers for use; and 

 if those now made by the comidainant under his 

 l)atent a}-e superior in any i-espcct to those first 

 s|ieciinens ot the manufacture, it is merely in point 

 of fitn'sh and workmanshi)). Thei-e is no difference 

 wliate\-er in pi-inciiile, and the early examples were 

 complete and jiractlcal frjimes, actually used and 

 lierlectl.v serving the |>uri)ose, so that they can not 

 be considered as nude and imperfect expei-iments, 

 subsequently developed into a successful manu- 

 facture. 



This conclusion, indeed, is required by the pro- 

 duction in evidence of the patent granted to Hutch- 

 ins, of Dec. 8, 1874, No. 157,47.3, which is for a machine 

 for the manufacture of just such blanks from tlje 

 .original log of wood, to be bf^nt jnto form, and tlje 



