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Reporter's Statement of the Case

from the midlength and including frame 15 are either convex or straight, except for a very short concave portion the frames are connected to the keel or dead-wood.

Frames 16, 17, 18, and 19 are concave in character, and the remaining frames aft to the stern are convex.

The contour lines of the aft underbody of the Dahlgren are substantially similar to those of the Augusta.

Such concavity as exists begins adjacent the keel and not adjacent the bilge.

18. The hulls of the monitors U. S. S. Florida and the U. S. S. Arkansas had flat bottoms and were provided with recessed portions or channels in the aft portions of their underbodies. The drawing of the body plans of the U. S. S. Florida, defendant's exhibit #23, indicates that the last ten stations or frames of the afterbody are concave in character. Channels formed by this concavity begin near the keel and extend upwardly and inwardly throughout approximately 25% of the total length of the ship or about 50% of the afterbody. The plans of the U. S. S. Arkansas disclose channels or concavities substantially similar to those of the U. S. S. Florida.

19. British patent to Manker, #21,195 of 1907 (defendant's exhibit #56), discloses a motorboat with a hull contour which is described in the text as one "intended for very high speeds."

The hull is provided on each side with outwardly extending portions referred to as "stability guards," and these, together with the dependent portion of the hull, form a pair of channels on each side of said hull. These channels extend inwardly from a point near the bow to the stern.

When the hull is at rest the forward portions of the stability guards rest on the surface of the water, while the rear portions thereof clear the water. When the hull progresses through the water at a comparatively low speed the bow rises and the stern sinks so that the longitudinal line of the stability guards coincides with the water line. At high speeds the stern settles further and the bow rises. The hullform as disclosed has a pair of inwardly extending channels which at low speeds are parallel to the water line and at

Reporter's Statement of the Case

high speeds assume a downward inclination toward the

stern.

20. An article contained in "Transactions of The Institution of Naval Architects" (defendant's exhibit #57), published in 1906, discloses in Plate XIII the hull construction of a high-speed motorboat of shallow draft referred to as the "Napier." The hull has a shallow bilge forming a pair of channels beginning in the neighborhood of frame 2 at the fore portion near the bow and well forward of the midsection. These channels do not extend to the stern, but, as stated in the description of the boat, terminate about onefourth of the length of the hull from the stern, leaving flat sections aft of this, the portion of these channels located in the afterbody extending inwardly and upwardly.

21. The French patent to Marseille, #440,304 (defendant's exhibit #58), discloses a fishing boat having a narrow short center downwardly extending portion under water. The connection of this portion with the upper portion of the hull at the bilge line forms a channel along each side of the hull which extends from a point adjacent the bow of the boat and terminates about one-quarter of the length of the vessel from the stern. These channels apparently swing inwardly toward the stern but not upwardly. The vessel has a round bottom.

No translation for the French text has been furnished, and no testimony has been presented as to what the text, taken together with the drawing, conveys to the man skilled in

the art.

22. In the publication entitled "Transactions of The Society of Naval Architects and Marine Engineers," Vol. XXII of 1914 (defendant's exhibits #26, #26A, and #26B), there is an article by Naval Constructor D. W. Taylor relating to a series of different forms of afterbodies for ships. The article discusses and contrasts different forms of afterbodies and is illustrated with a series of plans showing the various afterbodies.

One of the afterbodies, the form of which is illustrated and which is designated "Stern E, Fig. 5," is reproduced herewith:

[blocks in formation]

This afterbody is described in the article as follows:

The stern E was a combination of sterns C and D, the attempt being made to combine them half and half as it were, and coax the water up along a bilge diagonal. [Italics ours.]

The stern, as illustrated, discloses an afterbody having upwardly and inwardly extending water channels beginning at frame 28 and extending through to the stern which is flat. These channels begin adjacent the bilge in the neighborhood of station 28 and extend to a point adjacent the stern, the channels having well-defined upper and lower surfaces. The hull also has a flat bottom.

The channel extends substantially from frame 28 to the stern through 35% of the after half-length of the ship or

134281-39-c. c.-Vol. 88-26

Reporter's Statement of the Case

about the same proportion as to length as the concavities. existing in the after underbodies of the alleged infringing class of cruisers typified by the U. S. S. Salt Lake City.

23. For a period of over one hundred years it has been the practice of naval architects to design ships' hulls with flat bottoms and round bottoms and with flat sterns and round sterns, and to provide in the after underbody of the hulls concavities of various extent forming upwardly and inwardly extending water channels on each side of the hull. Such channels are indicated in the prior publications enumerated below as starting at various points in the afterbody of the ship and terminating at a point adjacent the stern. The publication entitled "The Treaties on Shipbuilding” published in 1820 (defendant's exhibit #22), contains several examples of such upwardly and inwardly extending concavities in the after-portion of a ship's hull and extending to the stern. This finding is also based upon disclosures contained in the following publications:

United States patent to Deputy, # 11416 patented August 1, 1854 (defendant's exhibit #27).

"Collection de Plans on Dessins De Naviers," published 1892 (defendant's exhibit #20).

"The Practical Ship Builder," published in 1839 (defendant's exhibit #21).

"Plans of Wooden Vessels," from the year 1840 to 1869 Vol. 2 (defendant's exhibits #25 and #25A).

"Transactions of The Society of Naval Architects and Marine Engineers," Vol. 2, published 1894 (defendant's exhibits #32 and #37).

"Wooden Sailing Vessels," in Transactions of The Society of Naval Architects and Marine Engineers, Vol. XV, published 1907 (defendant's exhibit #38).

24. If the terminology of claim 1 of the patent in suit, upon which the remaining claims in suit are dependent and particularly the phrase therein "from substantially the midship section adjacent the bilge to a point adjacent the stern" [italics ours], is given a sufficiently broad interpretation to apply to the alleged infringing cruisers typified, respectively, by the Augusta (finding 13) and the Salt Lake City (finding 14) in which the concavities extend through

Reporter's Statement of the Case

only a portion of the after-length of the ship, and begin adjacent the keel or deadwood, the terminology of the claims applies with equal facility to the U. S. S. Helena and the U. S. S. Dahlgren and the Taylor stern or afterbody in which the concavities begin adjacent the bilge as more specifically set forth and illustrated in finding 22, and the claims will be invalid.

25. The patent in suit is not infringed by the classes of United States cruisers typified respectively by the U. S. S. Augusta and the U. S. S. Salt Lake City.

26. For many years it has been customary for ship designers to predict the performance characteristic of fullsized ships, including such items as resistance, speed, horsepower, and wave profile alongside the vessel, by testing a small-sized model of the hull in what is known as an experimental model basin. Such tests are made in connection with the design of all important government ships.

Such an experimental model basin has been located at the Washington Navy Yard for many years. This basin comprises an inclosed body of water about 420 feet in length, 39 feet wide and a depth of 14 feet in the center, the tank being specially constructed so as to maintain the surface of the water in a quiet condition.

An electrically driven towing carriage spans the basin and is operated on rails located on either side thereof. This carriage is provided with an equipment for towing the model at various speeds and recording accurately the resistance to the towing. The entire apparatus is constructed and operated with precision in order to obtain accurate results. One example of this is that the rails on which the towing carriage travels are not straight, but are given a curvature in the 420-foot length corresponding to the earth's curvature for this distance so that the rails are accurately parallel with the surface of the water.

27. To the results obtained from the towing tests, complicated but more or less standardized, mathematical formulae are applied, which formulae relate to the ratio in dimensions between the model and the full-sized ship which it represents. The results thus obtained are indicative of the horsepower needed to propel the full-sized ship at the

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