Reporter's Statement of the Case 93 C. Cls. U. S. Patent to Hickey, #761,835 (defendant's exhibit 9). U. S. Patent to Thompson, #904,464 (defendant's exhibit 10). 12. The second patent in suit #1,024,682 relates in general to a hydroplane boat with a bottom formed of a plurality or a series of hydroplane surfaces or members located at each side of the central or keel line. The said surfaces are inclined laterally down toward the keel and form a concave or hollow V-shaped cross section from chine to chine. The surfaces from fore to aft are arranged in stepped relationship. In general, this patent relates to the same type of hull as is set forth and disclosed in the first patent in suit, which patent is specifically referred to by application number in the second patent. The structure of the second patent differentiates from that of the first patent in two distinctive features. These features are (1) Each of the two hydroplane members is arranged at opposite sides of the center line of the bottom and inclines laterally and downwardly toward the center line, each of the hydroplane members having its angle of rearward inclination at said center line less than angle of rearward inclination at its outer lateral margin. Stated in a more simple form this means that the V-shape of each of the hydroplane surfaces is warped or twisted so that an individual hydroplane surface becomes flatter fore to aft. (2) With respect to any two hydroplane surfaces arranged one to the rear of the other, the hydroplane members of the rear hydroplane surface have a less degree of lateral or transverse inclination than the hydroplane members of the forward hydroplane surface; that is to say, each rear hydroplane surface has a flatter V form than the forward hydroplane surface. Figures 1, 5 and 5a of the patent in suit, which disclose these features, are reproduced on the following page: 13. With respect to the steps, the patent suggests several forms of step or shoulder. The patentee describes these modifications in the following phraseology, beginning on page 1, line 97, to page 2, line 33: 11 Reporter's Statement of the Case However, I consider it preferable to have a certain depth of shoulder at the keel line adjacent to the rear end of each hydroplane member, to permit the entrance of air, and thereby to reduce the area subject to friction. It is further obvious that the height or depth of the shoulder at the rear end of each hydroplane member may be the same from its outer margin n inward toward the keel, or instead of gradually decreasing the depth of said shoulder from n toward the keel line, the depth of the shoulder may be uniform from n inwardly to a Figures 1, 5, and 5a, U. S. Patent to Fauber, #1,024,682. certain point, and from the latter be decreased toward the keel line. The said hydroplane members are, moreover, constructed so that, as can be seen from Fig. 5, the forward or front hydroplane presents in cross section oblique lateral faces arranged at an acute angle to each other and meeting at a sharp angle, so as to have a V-form; the apex pointing downwardly and the sides being concave. Reporter's Statement of the Case 93 C. Cls. I construct the shoulders at the rear ends of the several hydroplane members of substantially uniform height or vertical width and as the lateral margins of the hydroplane members are, as usual, flush with the sides of the hull, the width of said hydroplane members gradually increase from the bow toward the widest part of the boat. By reason of the tapered form of the forward part of the hull, the angle of lateral inclination of the bottom surfaces of the hydroplane members gradually decreases from the bow toward the stern so that the V-shape of the same, in cross section (as seen in Fig. 5), is gradually widened or flattened, whereby the advantages of a gradual displacement, as set forth in my above-cited application, are obtained, together with the additional advantage that, by reason of the front or forward hydroplane member or members being made of a sharp V-shape in cross-section, the pounding action on the water, particularly where rough water is encountered, is greatly diminished. 14. The claims in suit are as follows: 1. A hydroplane boat provided with a plurality of hydroplanes arranged in stepped relation and forming the flotation surface of its bottom, at least one of said hydroplanes consisting of two hydroplane members arranged at opposite sides of the center line of the bottom and inclined laterally and downwardly toward said center line; said hydroplane members having their angle of rearward inclination at said center line less than their angle of rearward inclination at their outward lateral margins. 2. A hydroplane boat provided with a plurality of hydroplanes arranged in stepped relation and forming the flotation surface of its bottom, at least one of said hydroplanes consisting of two hydroplane members arranged at opposite sides of the center line of the bottom and inclined laterally and downwardly toward said center line; said hydroplane members being transversely concaved and having their angle of rearward inclination at the center line less than their angle of rearward inclination at their outer lateral margins. 4. A hydroplane boat provided with two hydroplanes arranged one at the rear of the other, and in stepped relation and having their bottom surfaces at their forward ends continuous with the flotation surface of the hull, said hydroplanes each consisting of two hydroplane members arranged at opposite sides of the center 11 Reporter's Statement of the Case line of the bottom and inclined laterally and downwardly toward said center line; the said hydroplane members of the rearmost hydroplane having a less degree of lateral inclination than the hydroplane members of the forward hydroplane. 5. A hydroplane boat provided with two hydroplanes arranged one at the rear of the other and in stepped relation, and having their bottom surfaces at their forward ends continuous with the flotation surface of the hull; said hydroplanes each consisting of two hydroplane members, which are arranged at opposite sides of the center line of the bottom, are inclined laterally and downwardly toward said center line and are transversely concaved, and the said hydroplane members of the rearmost hydroplane having a less degree of lateral inclination than the hydroplane members of the forward hydroplane. 29. A hydroplane boat provided with at least two hydroplanes arranged in stepped relation and having their bottom surfaces at their forward ends continuous with the flotation surface of the portion of the hull forward of the same, at least one of said hydroplanes consisting of two hydroplane members arranged at opposite sides of the center line of the bottom and inclined laterally and downwardly toward said center line; said hydroplane members having their angle of rearward inclination at said center line less than their angle of rearward inclination at their outer lateral margins. 15. A certified copy of the file wrapper showing the history of the patent application which materialized into the second Fauber patent in suit (#1,024,682), plaintiff's exhibit 6, is by reference made a part of this finding. Of the list of prior art patents introduced in evidence by the defendant (see finding 17), the file wrapper shows that the following were cited by, considered by, or called to the attention of the Patent Office during the prosecution of the application: U. S. Patent to Miller, #850,034 (defendant's exhibit 3e). British Patent to Dickie, #4868 of 1881 (defendant's exhibit 5a). French Patent to Mouniee, #360,067 of 1906 (defendant's exhibit 5e). Reporter's Statement of the Case 93 C. Cls. French Patent to Fauber, #381,246 of 1907 (defendant's exhibit 13). 16. The filing date of the first patent in suit (#971,029) is September 10, 1908, and the filing date of the second patent in suit (#1,024,682) is September 13, 1909. There is no satisfactory evidence to place the date of the Fauber inventions prior to the above-enumerated filing dates. 17. The prior art is exemplified by the following prior art patents and publications: UNITED STATES PATENTS No. 1,088,226 to Hewitt, deft.'s exhibit 3a. FOREIGN PATENTS BRITISH No. 4,868 of 1881 to Dickie, deft.'s exhibit 5a. FRENCH No. 360,067 to Mouniee, deft.'s exhibit 5e (translation thereof deft.'s exhibit 5e-1). No. 4,895 add. to no. 344,484 to de Lambert, deft.'s exhibit 5f (translation thereof deft.'s exhibit 5f-1). No. 369,550 to de Lambert, deft.'s exhibit 5g (translation thereof deft.'s exhibit 5g-1). No. 377,390 to Société Antoinette, deft.'s exhibit 5h (translation thereof deft.'s exhibit 5h-1). |