The opinion of the court was delivered by: MORRIS
This is a proceeding brought under the provisions of Revised Statutes, Section 4915, U.S.C.A., Title 35, Section 63, with respect to certain rejected claims in an application by the plaintiffs for the reissue of patent No. 2,047,525, granted to the plaintiff Adolf Thode on July 14, 1936. The plaintiff Behr-Manning Corporation is the assignee of the entire interest of Thode, who was and is a citizen of the German Reich. Of the claims in the application for a reissue of said patent, certain of them were allowed and others rejected. Of those claims rejected, which were the subject of these proceedings, certain have been dropped, and the relief here sought are those designated in the complaint as numbers 49, 50, 63, 66, 77, 78, 83, 86, 89, 90, 91 and 92.
To better understand the nature of the claims here involved and the conflicting contentions of the parties with respect to them, it is necessary that there be an understanding of the original patent, application for which was filed September 19, 1932. The title to the original patent is "Insulating Method for Electric and Thermo-Technical Purposes, and Apparatus for Accomplishing the Same." A preliminary statement in the patent points out the then existing method for the insulation of electric conductors by what was known as a whipping method, by which such conductors are whipped with yarns produced from textile materials, and which was very complicated and time consuming. Such statement further points out a proposed method of using flaky, fibrous material which, with the aid of special devices, is applied "on to the conductores" as a dielectric or insulative coating. By this method the flaky material is moved in a continuous, uniform eddy by a circulating air current, which current conveys the flaky material to cylinders which supply it to the wire to be insulated, and which has been previously coated with gum. By means of the adhesive gum the flocks stick on the wire, distributed as uniformly as possible over the entire length and circumference of the same. It is then pointed out that such method has the difficulty that the flocks cannot be brought on to the conductors so uniformly that the diameter of the insulation is the same at all points of the wire surface in that the speed at which the blowing on to the "sticky conductor" by an air current is limited because, if too great, the fibers which have already stuck on the wire might be torn away, especially as to fibers designed not to stick directly on the conductor but on fibers already covering the conductor. It is then stated that the method, according to the present invention, avoids all the inconvenience of the commonly applied methods.
"It is based on the fact that bodies with similar electric charge ( or -) repel one another, whereas bodies with opposite charge attract one another. The method is characterized chiefly by the use of high-voltage electric currents for opening and distributing insulating material of any kind.
"These currents are further used for applying the insulating material on to the electric conductors. The individual fibres and particles of the material are electrically charged through the pole of a high voltage source so that they deposit on bodies, which are connected to the opposite pole of the high voltage source. The arrangement may be made so that the bodies to be insulated are grounded and that the other pole of the high voltage source is grounded also.
"The insulating of the conductor according to this method is carried out much more rapidly (about 25 times as rapid) than the hitherto employed method, and it permits of the simultaneous insulating any desired number of conductors in one operation, which may all be the same diameter or of different diameters. The insulating layer obtained in this manner is of uniform thickness on all points of the conductors, and it is possible to regulate the thickness of the insulating layer as desired, as the method is carried out in an undisturbed atmosphere, as will be hereinafter explained.
"An apparatus employed for carrying out the new method is diagrammatically illustrated by way of example in the accompanying drawing, in which:
"Fig. 1 is a side elevation and
"Fig. 3 shows a section of a conductor covered, fox-tail like, with insulating material, the covering being not yet smoothed.
The illustrations referred to are reproduced as follows:
[See Illustration in Original]
A detailed description of the apparatus and the method is set forth, but only such parts as seem to be critical to the action on the reissue claims now ...