The opinion of the court was delivered by: BAILEY
1. In this action, brought under the provisions of Section 4915, Revised Statutes, U.S.C., Title 35, Sec. 63, 35 U.S.C.A. § 63, plaintiff seeks to have the Court authorize the Commissioner of Patents to issue to plaintiff Arthur L. Riche a patent on his application, Ser. No. 369,592, filed June 10, 1929, containing Claims 17, 54, 55, 56, 64, 66 68, 69, 70, 71, 72 and 73, as set out in Paragraph 7 of the Complaint. At the trial Claims 17, 55, 56, 68 and 70 were withdrawn by plaintiff.
2. The plaintiff's application relates to a method and an apparatus for testing water for hardness. In plaintiff's process the water to be tested is passed through a transparent testing cell, where a sample is periodically segregated by closing a motor-operated valve. This motor is periodically set in motion by a time switch. A pump operated by the same motor forces a measured quantity of reagent (such as soap solution) into the test cell where it is mixed with the water sample contained therein. A period of time is allowed for reaction, after which a motoractuated cam closes a switch. The closing of this switch completes an indicator circuit, including a lamp, a photo-electric cell, an amplifying tube, a relay and an ammeter. Light from the lamp passes through the sample in the testing cell and falls upon the photo-electric cell. The current through the relay is inversely responsive to the amount of light received by the photo-electric cell and this is turn is governed by the turbidity, or color, of the sample in the testing cell. This reaction affords an electrical measurement of the condition of the water sample. For example, if the water is hard, a precipitate will be formed, causing the sample in the test tube to become turbid, resulting in less light being impressed on the photo-electric cell, and thereby effecting an increase in the current in the relay. This increase in current raises the armature to complete a signal circuit, giving an alarm or other indication. If the sample does not contain excessive hardness (Ca. and Mg. salts) the turbidity may be too slight to cause operation of the relay and alarm circuit, and no alarm will be given. For each test, however, the ammeter will indicate to the operator the condition of the sample.
3. Claims 54, 71, 72 and 73 are directed to the combination of a water softening apparatus and a testing device to be used therewith.
4. Claims 71, 72 and 73 are identical with Claims 1, 2 and 3, respectively, of the patent to Sweeney et al., No. 1,931,968.
5. Plaintiff's original specification does not make any positive statement as to how the testing device disclosed therein may be connected to a water softening apparatus.
6. Plaintiff's original specification did not make any mention of the patent to Tannehill, No. 1,713,105, nor how his testing device may be connected to the water softening apparatus disclosed by this patent.
7. None of plaintiff's original claims was directed to the combination of a water softening apparatus and a testing device to be used therewith.
8. Plaintiff's original drawings do not show a water softening apparatus.
9. Figure 6 of plaintiff's original drawings, which is a wiring diagram showing electrical apparatus for operating his testing device, does not show a connection between the testing device and a water softening apparatus.
10. The amendment to the specification, filed by plaintiff December 1, 1933 (Paper 19), contains subject matter that is not supported by the application as originally filed.
11. The two additional sheets of drawing, filed December 1, 1933, containing Figures 8 and 9, show subject matter that is not disclosed in the original application.
12. German patent to Steinmuller No. 192,467 December 13, 1907, discloses an apparatus for automatically regulating the addition of water softening chemicals (lime and soda) to hard water. A sample of water is periodically and automatically segregated in a glass testing vessel by operation of a displacement type sampler. A suitable reagent is then added to the sample. Dependent upon what reagent is added and what constituent is being tested for, a precipitate or color will be formed in the sample. Light from a lamp passes through the sample in the testing vessel and strikes a light-sensitive selenium cell the resistance of which varies with the amount of light impressed upon it. This therefore governs the current in the selenium cell circuit, which ...