The inventor describes the purpose of his invention as follows:

My invention relates to a stem-winding pendant for watches, being especially adapted to that class of watches wherein the back of the case is permanently closed and the movement, or the ring in which it is mounted, is hinged to the cup like case. My pendant may, however, be used in any watch case. In watches having stem-winding pendants the key in the pendant passes into the movement and engages a socket or square in or on the winding-arbor, and before the movement can be lifted out or turned on its hinge this key must be disengaged from the movement by withdrawing it far enough to clear the latter. My invention provides a ready means for doing this.

Figure 1 is a vertical mid-section of a watch-pendant provided with my improvements, the plane of the section being taken edgewise of the watch-case, and the key shown as protruding into the hollow of the winding-arbor. Fig. 2 is a similar section taken at right angles to Fig. 1, showing the key withdrawn, so as to permit the movement to be lifted out.

A is the watch-case. B is the tubular stem, attached to the case in the usual way. C is the key, and D is the crown attached thereto to form a head or thumb-piece, by which the key is turned in winding. These parts, per se, are common in stem winding and setting watches.

a and a' are two internal circular grooves at different depths in the hollow of the stem. They forin latch-bearings for the rotating key.

To the crown D or the key C, indifferently, are secured latch spring or springs bb, preferably four in number, provided with projecting angles or parts b'. These angles spring into and engage one or the other of the grooves a a', and the springs are inserted in the hollow of the stem, as shown in Figs. 1 and 2. When the key is pressed clear down into the hollow of the stem, the elasticity of the springs causes the projections b', to engage in the lower groove, a. The key will now be in engagement with the winding arbor C in the movement F, (if there be a movement in the case,) and by rotating the key in the usual way the watch will be wound up. The bearing which the key finds in the neck of the stem and that which the crown finds on the exterior surface of the stem prevent any lateral play of the key, and the engagement of the latch-spring b in groove a prevents any longitudinal movement of the key, unless some force is applied to move it. In other words, the key rotates readily, but only yields to extra pressure purposely exerted when an attempt is made to withdraw it longitudinally. If, however, it be desired to disengage the key from the movement for any purpose whatever, the operator may grasp the crown, and puil on it with force sufficient to disengage the springs from groove a, when the key may be withdrawn far enough for the projection b' to engage groove a'. The parts will now assume the position shown in Fig. 2. The key will be withdrawn far enough to be free from the movement, and it may be rotated freely in this position in the bearing found in the groove a'.

In lieu of employing the two grooves a a' in the stem and one series of projections b' on the springs, I may employ but one groove a, as in Fig. 6, and provide the springs with two series of projections b'. In Fig. 71 have shown a further modification, in which the springs are mounted in the hollow of the stem, and the two series of projections b' thereon protrude through slots in the wall of the stem. A groove in the margin of the opening in the hollow crown D takes over and engages the lower one of these projections, as clearly shown in said figure. In Fig. 10

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I have shown the grooves a and a' formed in the shank of the key itself and the latchsprings mounted in the stem, and in Fig. 11 I have shown the same arrangement, except that the key is provided with projecting ribs b', and the springs have recesses a to engage said ribs. In Fig. 12 I have shown the grooves a a ́ arranged exteriorly

I have

of the stem and the springs arranged to engage them in that position. shown all of these forms and modifications in order to illustrate the many ways in which my invention may be carried out. The essential feature of all is the elastic or spring latch attachment of the stem B with the key C, whereby the latter is free to rotate, but is prevented from being moved longitudinally, except by a special effort. The annular groove or rib engaged by the spring latch I denominate an "anunlar latch device," and it is immaterial whether the projecting part is on the spring or the other part, and it is also immaterial whether the spring be connected with the key or the tubular stem. The operation is the same in either case. The upper groove, a', in the stem is not absolutely necessary, as it is not necessary that the key shall be rotative when drawn back, as in Fig. 2; but some form of stop should be provided to prevent the key from being entirely withdrawn. This withdrawal of the key is not desirable, although it will do no particular harm.

I have not shown how my key C may be employed as a push-pin for releasing the lid of the case from its spring-catch, as I make no claim to this. I will say, however, that the tip of the key passes through the case-spring, and a shoulder on its shank rests on the latter. The retaining groove a is made wide enough to allow of the necessary slight movement longitudinally of the key. This is a common mode of constructing such push-pin devices..

It must be borne in mind that my invention is designed to be applied only to the pendants of stem-winding watches wherein the key is mounted rotatively in the stem and projects normally into the movement to engage the winding-arbor.

The drawings of the patent are as follows:

I am aware that it has been proposed to provide "key-winding watches," so called, with a chambered stem, and to insert the key into this stem simply as a retainingpocket, wherein it is held by a spring to prevent it from dropping out. In this construction, however, the key does not project into the hollow of the case, nor is it desirable or necessary that the chamber in the stem shall connect with the hollow cavity of the case, except incidentally to provide room. Keys mounted in pockets

in the stems in this manner do not or need not rotate. In the stem-winding pendant herein shown the key must project into the case and must rotate, and it is not intended that it shall ever be withdrawn from the hollow of the stem or be detached from the case.

The only claim of the patent upon which the charge of infringement is based is the first claim, as follows:

1. The combination, in a stem-winding watch, of the tubular stem, a key mounted to rotate in said stem and to project into the movement and engage the windingarbor, as shown, a spring attached to one of these parts and arranged to engage the other part to form a latch device, as shown, and the said winding-arbor, all arranged substantially as and for the purposes set forth.

The alleged infringement is made under the patent issued to W. W. Bradley, and assigned to John C. Dueber, (No. 411,420,) and dated September 24, 1889. The patentee declares that his invention

consists in providing a watchcase pendant with a peculiar combination of devices that enables the push-pin or stem to perform the threefold purpose of winding the watch. setting the hands of the same, and operating the case-spring, the details of said devices being hereinafter more fully described, and then pointed out in the claims.

We quote from the explanation of the drawings given by the patentee:

Figure 1 is an enlarged sectional elevation showing the various members of my watchcase pendant separated from each other. Fig. 2 is an axial section showing said parts fitted within the pendant and the push-pin held in its normal position by the action of the case-spring. Fig. 3 is an enlarged axial section of the spring-clutch and a modified form of the keeper.

A represents a portion of the "center" of a hunting-case watch, and B is a pendant attached thereto, said pendant having at its inner end a smooth bore C, opening into a screw-threaded chamber D, of somewhat larger diameter than said bore, thus forming an annular bearing D in said pendant. The opposite or outer end of said chamber is open, and this end of the pendant is reduced in diameter, so as to form a neck E and an annular shoulder e, said neck having the hollow crown or knob F fitted around it, which knob is screw-threaded internally, as at f, to admit the screw g at the outer end of the shank G of the push-pin or stem. is a rounded or inclined shoulder formed at the junction of said shank with the spindle H of push-pin I, the latter having a shoulder i at its upper end and a similar shoulder i' at its lower end, which latter shoulder i is formed where said pin or stem I joins the square arbor K. This arbor traverses a circular eye 7 in the free end of the case-spring L, and is arranged to operate either the winding or setting mechanism in the usual manner. Engaged with the screw-threaded chamber D is a hollow nut or keeper M, whose bore mis somewhat larger in diameter at top than at bottom, as more clearly seen in Fig. 3, and the upper end of this nut is nicked or slotted at m' m' to admit a suitable turning implement. This nut may either bear against the spring-clutch, or it may be coupled thereto; but as seen in Fig. 2 said nut is screwed down until it comes in contact with an annular collar N at the inner end of said clutch O, the latter having a series of longitudinal slots o extending from its upper end almost to said collar. Furthermore, the inner portion of this clutch is chambered out at P, thereby affording an annular shoulder R between said chamber and the spring-prongs p.

Fig. 2 shows the parts properly fitted together and in their normal position.

When the various parts of this pendant are properly fitted together and occupy

I and forces its shoulder h against the shoulder R of the clutch, thereby causing the crown F to recede a slight distance from the shoulder e, in which position of the push-pin the arbor K is in gear with the winding mechanism; but by pushing against the crown until it strikes the shoulder e the spring L will be bent sufficiently to liberate the “front back" of the watch and allow it to fly open, and by properly turning said crown the watch will be wound in the usual manner. This free opening of the case-spring and winding of the watch is due to the fact that the spindle I now occupies the chamber P of the clutch, while its prongs p surround the shank G, but do not grasp the same. Therefore the opening of the case and winding of the watch can be performed without producing any frictional action of the spring-clutch, but when the hands require setting sufficient force is exerted against the crown F to pull it forward until the shoulder i comes in contact with the inner end of collar N, which limits the advance of the push-pin and brings its arbor K into communication with the setting mechanism. This advance or outward pull of the push-pin or stem causes its rounded shoulder h to act as a wedge that gradually opens the clutch-prongs p and allows the spindle H to be grasped by them, as seen in Fig. 4. Consequently the clutch has now a frictional hold around said spindle, and when the push-pin is turned either to the right or left said clutch turns in unison therewith, because it is not engaged with the chamber D'; neither is it secured tightly within said chamber by the nut or other keeper M. After the hands have been set sufficient pressure is exerted against the crown F to overcome the grasp of the clutch and force the push-pin or stem back to its original position, where it again assumes its normal function of opening the case and winding the watch.

The court below held that the Colby patent was for a new and useful device and was valid, and that the defendants' device was an infringement thereof, and after the hearing upon the merits entered a decree for a perpetual injunction, and referred the question of damages to a master. Pending the reference this appeal was taken, under section 7 of the Court of Appeals act, from the decree below, as an interlocutory order granting an injunction.

Before TAFT, LURTON, and HAMMOND, Judges.

TAFT, J., (after stating the facts:)

The decree of the Circuit Court must be reversed for two reasons: first, because the Colby patent, in view of the state of the art, did not involve patentable invention; second, even if the Colby patent can be sustained, its scope is so narrow, in view of prior inventions, that the defendants' device is not an infringement.

The object of Colby's device was to permit the movement of a stemwinding watch to be lifted out of the case and freed from the stem-arbor or key by withdrawing the key from its connection with the movement back into the stem and so securing it in both its outer and inner positions in the stem that it could not be moved from either to the other without an effort. The outer and inner positions of the key were secured by spring-latches. The spring-latches were effected by a spring attached either to the inside of the stem or to the key, the ends or shoulders of which took into or struck against annular grooves or shoulders on the other piece. It was old in the art to permit the movement of the stem. winding watch to be removed from the case by withdrawing the key back into the stem. This is shown in the Fitch patent issued October

28, 1879. It has the ordinary stem and stem-arbor. The stem-arbor projects into the movement and engages the winding arbor. A spiral spring working between a shoulder on the inner end of the stem-arbor and the inner end of the pendant or stem holds the stem-arbor in engagement with the winding arbor. When the movement is to be removed and it is desired to retract the stem-arbor, the owner or operator pulls the crown of the stem-arbor outward, overcomes the force of the spiral or helical spring, and withdraws the stem arbor into the stem sufficiently to permit the lifting of the movement out of the case. A similar patent granted to Fitch, with the helical spring placed inside the stem instead of inside the case, was an earlier patent by the same inventor. The Fitch patent, it will be observed, had not the spring-latch feature of the Colby patent. The spiral spring operated merely to hold the stem-arbor, by the constant force of the spring, in operation with the winding-arbor, and the spring-pressure had to be overcome by the operator, and continuously overcome while the stem remained retracted. The Fitch pat eut does show, however, the retraction of the stem from one position to another for the purpose of releasing the movement, and it uses as an agent in maintaining one of the two positions a spiral or helical spring. It presents the same short stem-arbor that we find in the Colby patent. The Lehman patent is for a stem-winding and stem setting watchthat is, a watch in which the key in the stem extends into the movement and may be adjusted either to wind or to set the watch by its longitudinal movement in the stem. In order to maintain the key in the inner and outer positions in the stem, two annular grooves on the key are provided at its inner end within the case, and a spring-latch which is secured in the movement takes into one or the other of these annular grooves and holds the stem-arbor in position either for winding or setting. The spring, like that in the Colby patent, is strong enough to hold the stem in position against any movement of the crown, except by special effort. The Lehman patent thus shows the spring-latch inside of the case used upon the stem-arbor to secure the inner and outer positions of the stem arbor against anything but special effort. The Lehman patent, however, does not provide for an easy removal of the movement from the case by retraction of the stem-arbor. The Yager patent, invented in 1862, is a French patent for a stem winding and setting watch in which the movement may be easily taken out of the case by a retraction of the stem. The inner end of the key or stem-arbor, reaching beyond the stem inwardly, has two annular grooves. Inside the outer rim of the case is a split spring, which embraces the end of the stem arbor. As the stem-arbor is pulled outwardly this spring takes into one annular groove of the arbor, and as the arbor is pressed inwardly it takes into the other, and thus secures a stationary position of the stem-arbor, permits its rotation in either position, and prevents its disturbance except by special effort. There is no difference between the spring latch of the Yager patent and the