The accused engine of defendant was made in accordance with the drawings of Ramsey patent 2,067,461, applied for September 24, 1936 and granted January 12, 1937. Defendant's engine has a main combustion chamber and an auxiliary combustion chamber. Its engine does not embody any element which corresponds with the tapering mixing and combustion chamber g (of patent 1,803,262) either in form or function. Defendant's engine, therefore, does not infringe claims 1 and 2 of patent 1,803,262.
Plaintiff's second patent in suit, 1,954,082, was applied for January 22, 1932 and was granted April 10, 1934. It is designated as a "Diesel engine with air and pressure reservoir." The patent states that the invention "relates to Diesel engines, and more particularly to engines having an air storage chamber or reservoir." The object of the invention is stated in the patent as follows:
"It is the object of my invention to improve the performance of an engine of this type.
"To this end, in combination with a main combustion chamber connected to the cylinder of the engine, an air storage chamber at one side, and a fuel injection nozzle at the other side of the main combustion chamber, I provide a baffle between the main combustion chamber and the cylinder, which baffle extends toward the nozzle and across part of the main combustion chamber.
"The improvement achieved by this arrangement is due to the fact that, during the charging of the air storage chamber and the injection of fuel, the air expelled from the cylinder and forced into the air storage chamber through the main combustion chamber and the fuel flow in the same direction, while during the discharge of air from the air storage chamber and the continued fuel injection, the air and the fuel flow in opposite directions."
The construction of the engine, as described in the patent, is as follows:
"Referring now to the drawings, a is the cylinder, b is the piston, c is the cylinder head, d is the main combustion chamber, e is the fuel injection nozzle, and f is the air storage chamber. The main combustion chamber d is of smaller volume than the cylinder a so that it is disposed inwardly at the cylinder and away from a portion of the wall thereof. The fuel nozzle e, the chamber d and the air storage chamber f are preferably arranged with a common axis or centre line which extends at right angles, or substantially so, to the axis of the cylinder a.
"Preferably the main combustion chamber d serves also as a valve chamber. In the example illustrated in Figs. 1 to 6, the inlet valve k is seated in the top plate of the main combustion chamber d, and the outlet valve 1 has a chamber of its own, while in the example illustrated in Figs. 7 to 9 the inlet and outlet valves k and 1 are seated in the top plate of the chamber.
"Referring now to Figs. 1 to 6, g is the baffle referred to, which extends from the side where the reservoir f is connected to the chamber d, toward the side of the nozzle e, leaving open a slot h between the cylinder a and the chamber d. The baffle g is preferably arranged at right angles to the axis of the cylinder a and its edge, which may be sharpened so as to be inclined downward and inward of the cylinder as shown in Fig. 1, is inclined to the line connecting the reservoir f and the nozzle e, as shown in Fig. 2. The main combustion chamber d, as also shown in Fig. 2, is preferably arranged eccentrically to the axis of the cylinder a, adjacent one side thereof, and slot h is disposed so that the air and fuel mixture issuing from the combustion chamber is projected into the cylinder substantially tangentially thereof and is given a whirling movement in the cylinder, as indicated by the arrows in Fig. 6."
The operation of the engine, as described in said patent, is as follows:
"In operation, the inlet valve k is opened during the suction stroke of the piston b and fresh air is drawn into the main combustion chamber d. When the piston b moves inwardly on the compression stroke as shown in Fig. 3, the air flows from the cylinder a to the chamber f through the slot h and the combustion chamber d in the direction indicated by the arrows in Fig. 3. Since slot h is adjacent one side of the cylinder, air flowing to this slot from the cylinder travels substantially circumferentially of the cylinder, which imparts to the air in the cylinder a desirable whirling motion or rotary turbulence, as indicated in Fig. 4. During this period the injection from the nozzle e occurs and the ejected fuel flows in the same direction as the air, it being noted that the air flowing to air storage chamber f flows along the path of fuel injection so as to entrain the fuel and facilitate entry thereof into chamber f. On the expansion stroke of piston b the air and fuel mixture, previously stored in chamber f under high pressure, is discharged into the combustion chamber d at high velocity and in the opposite direction to the jet of fuel which still issues from the nozzle e, Fig. 5.
"The described flows of the air and fuel mixture and the injected fuel assure intimate mixing of the air and fuel, while producing high turbulence of the fuel mixture in the cylinder resulting in increased smoothness and efficiency in operation of the engine."
Plaintiffs rely on claims 1, 2 and 6 of this patent. Claim 1 reads: "In combination in an injection engine, a cylinder and a piston operating therein, a combustion chamber overlying and opening into the cylinder, an air storage chamber opening into the combustion chamber at one side thereof and otherwise closed to the cylinder, an injection nozzle opening into the combustion chamber at the opposite side thereof, and a baffle between the combustion chamber and the cylinder and substantially normal to the cylinder axis, said baffle extending from one side of the combustion chamber and terminating short of the other side thereof and defining with the latter a restricted opening between said combustion chamber and the cylinder."
Claim 2 is the same as claim 1, with the exception stated therein, "the combustion chamber having an air inlet passage opening through its roof, an overhead valve controlling said passage."
Claim 6 reads: "In combination in an injection engine, a cylinder and a piston operating therein, a combustion chamber overlying and opening into the cylinder, an air storage chamber opening into the combustion chamber at one side thereof, and an injection nozzle opening into the combustion chamber at the opposite side thereof, the opening between the combustion chamber and the cylinder being disposed to discharge fuel mixture from the combustion chamber into the cylinder substantially tangentially of the latter."
There is no rotary movement of the gases in the cylinder space of defendant's engine. There are no elements in defendant's engine which correspond in from or function to the baffle g or to the slot or opening h of patent 1,954,082. Defendant's engine does not infringe claim 6 of the patent because it contains no "opening" between the combustion chamber and the cylinder "disposed to discharge fuel mixture from the combustion chamber into the cylinder substantially tangentially of the latter," as called for by claim 6, nor any mechanical equivalent thereof. Defendant's engine contains no "air storage chamber opening into the combustion chamber," as called for by each of the claims in suit, but does contain an auxiliary combustion chamber opening into the main combustion chamber which is wholly different in function from the air storage chamber of patent 1,954,082. I conclude, therefore, that defendant's engine does not infringe claims 1, 2 and 6 of patent 1,954,082.
Let an order for judgment be prepared in accordance with the foregoing findings of fact, conclusions of law and this opinion.
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