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283

Findings of Fact

Hamilton and Nicholson on an application for patent filed January 24, 1938. Patents 2,202,344 and 2,260,518 are each entitled “Washing Machine." Said patents will hereinafter be referred to as the '344 patent and the '518 patent. Plaintiff Charlotte Chemical Laboratories, Inc., was the exclusive licensee of said Hamilton and Nicholson by virtue of an exclusive license agreement dated September 1, 1936, and since January 11, 1954, has been the exclusive owner of both the '344 and the '518 patents by virtue of an assignment from said Hamilton and Nicholson to Charlotte Chemical Laboratories, Inc. Plaintiff Fisher Scientific Company was the exclusive licensee of Charlotte Chemical Laboratories, Inc., for the six years preceding August 11, 1955, this exclusive license prior to January 11, 1954, being with the consent of patentees Hamilton and Nicholson.

5. Plaintiffs' brief states that only claims 2, 6, and 13 of the 518 patent need be considered by the Court. The Trial Commissioner's findings with respect to the '344 patent need

not be repeated.

THE '518 PATENT

6. The '518 patent relates to apparatus for washing, soaking, rinsing, sterilizing, and storing containers and similar articles. The apparatus illustrated is generally similar to that disclosed in the '344 patent but includes additional Constructional details. The '518 apparatus is described as including compartment forming devices which can be selectively arranged to form a varied number of articlereceiving compartments of various sizes and shapes to accommodate various types of articles. The drawings of the 518 patent contain twenty-four figures including the following four views selected therefrom to illustrate apparatus of

defined in the several '518 patent claims in suit. Referring to these views selected from the '518 patent drawings, there is disclosed apparatus for washing containers of various dimensions and shapes. This apparatus includes a tank 10 (figs. 3 and 4) for holding a quantity of water or other washing fluid, and includes a drum comprising opposed end plates 65 mounted on a rotatable shaft 40 (figs. 3 and 4).

. 4) Each circular end plate 65 is provided with a multiplicity

the type

154 Ct. Cl. Findings of Fact Frig.3. 1518 N 23

24 2 I.

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of systematically arranged openings (fig. 6). The openings are arranged in lines , line N1 being spaced one-quarter of the distance from the center of rotation to the periphery. The second line No is parallel to line N and is spaced half the distance from the center of rotation to the periphery. A shorter parallel line N is spaced at five-eighths and line N* is spaced at three-quarters of said radial distance. Other lines of aligned openings are similarly arranged as designated by the E, S, and W series illustrated in fig. 6. These lines of openings are non-radial, and the N and S series are arranged to extend perpendicular to the E and W series. The openings in one end plate 65 are aligned with similar openings in the other end plate of the drum.

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7.

Compartment forming devices including foraminous sides 75 and 120 extend between the end plates 65 (figs. 3 and 4), and are adjustably positioned by means of projecting Pins adapted to latch in selected openings in the end plates. As indicated in fig. 3, these compartments may

154 Ct. Cl. Findings of Fact

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end plates 65 of the drum. The latching means projecting from the ends of the compartment forming devices are operable from between the end plates 65 by means of handles such as designated by the reference numerals 106 and 107 in fig. 8. The latching pins are provided with resilient means such as springs to urge them outward into the aligned openings described above. The pins 101 and 102 are operable for simultaneous withdrawal from the end plates when the compartment sides are to be removed or repositioned. Keeper bars may be used with the '518 patent apparatus as illustrated by the reference letter K in figs. 3 and 4. The compartments may have one side thereof such as side 75 (figs. 3 and 4) in the form of a frame including members 76, 77, 78, and 79 (fig. 8) with a screen 84 (fig. 3) mounted for movement in the frame. The screen is biased by springs 90 carried beneath a cross plate 91 of the frame. These springs yieldingly urge the screen into engagement with articles positioned in a compartment for washing. The frame 75 may be pivotally supported on hinge pins 116 (fig. 8) in

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serted in openings 161 (fig. 6) and the other supporting pins 101 and 102 (fig. 8) inserted in an opening of the curved series 162 (fig. 6). The inner or bottom sides 120 (figs. 3 and 4) of the compartments also may be foraminous plates or screens provided with latch pins.

8. In order to hold laboratory dishes for washing, a pivoted cradle arrangement 170 (figs. 3 and 4) is illustrated and described in the P518 patent. This cradle arrangement comprises a pair of circular end plates connected by longitudinal bars, transverse struts or dividers being provided throughout the length of the cradle. A supporting bolt extends between an off-center opening in the cradle end plate

an opening in the drum end plate 65 to support the cradle 170 in a constantly upright position during rotation 9. Plaintiffs

' charge of patent infringement of the 518 patent was first limited to claims 1 to 4, 6 to 10, 12 and 13 6, a nd 13 need be considered. However, claim 1 of the '518 patent will be considered in order that the three claims now relied on will be clear. Claim 1 of the '518 patent recites a

and

of the drum.

670–595–63420

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