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316

Reporter's Statement of the Case

PRIOR-ART PATENTS

21. British patent No. 27,970, 1909, issued to Lothar von Köppen (defendant's exhibit 1).

British patent No. 124,088, 1918, issued to William Henry Humphreys (defendant's exhibit 2).

British patent No. 1,595, 1862, issued to Charles Hodge Hudson (defendant's exhibit 3).

United States patent 1,246,494, issued November 13, 1917, to T. G. O. Thurston (defendant's exhibit 5).

United States patent No. 1,299,697, issued April 8, 1919, to E. Ferrati, N. Pecoraro, and A. Guidoni (defendant's exhibit 6).

United States patent No. 1,237,883, issued August 21, 1917, to G. E. Elia (defendant's exhibit 7).

United States patent No. 1,266,196, issued May 14, 1918, to F. W. Bentley (defendant's exhibit 8).

United States patent No. 1,233,237, issued July 10, 1917, to A. C. Holzapfel (defendant's exhibit 9).

United States patent No. 1,253,295, issued January 15, 1918, to J. A. Steinmetz (defendant's exhibit 10).

United States patent No. 652,876, issued July 3, 1900, to C. Andrade, Jr. (defendant's exhibit 15).

United States patent No. 6,469, issued to Abraham Lincoln, May 22, 1849 (defendant's exhibit 16).

PUBLICATIONS

Transactions of the Institution of Naval Architects, Vol. XIII (defendant's exhibit No. 11).

Transactions of the Institution of Naval Architects, Vol. LXI (defendant's exhibit 12).

Copies of the above patents and publications are made a part of this finding.

None of the above prior-art patents and publications were cited by the Patent Office during the prosecution of the application of the patent in suit.

PRIOR USE

Defendant's exhibit No. 4 was introduced into evidence as a prior public use by the United States. It shows in de

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Reporter's Statement of the Case

tail the construction of the Monitor "Koka" and the drawings are dated May 27 and September 15, 1863. It was admitted in evidence not as an anticipatory publication or drawing, but under the statutory defense of proof of prior public use. The exhibit is hereby made a part of this finding.

PRIOR ART

22. English patent No. 27,970 of 1909 issued to Lothar von Köppen, is entitled "Improvements in or relating to the Construction of Ships' Hulls" (defendant's exhibit No. 1).

The patent relates to the contour of a hull rather than to the construction of the hull and discloses a downwardly wedge-shaped section at the bow Fig. 1 numeral 9 and in Fig. 3 at numeral 9.

The body of the ship as it proceeds aft has a progressively flattened bottom until at B the cross section of the hull shows an inwardly directed recess indicated by 5 in Figs. 1 and 3. Aft of this point the recess then flattens and the bottom becomes flat at 2 in Figs. 1 and 3.

The bottom of the hull of the ship rises continuously from the bow to the stern.

The English patent discloses many of the identical elements as the patent in suit but it does not suggest or show a bulkhead surrounding the hull of the ship in combination. British patent to Charles Hodge Hudson of 1862, No. 1595, entitled "Defensive Armour" (defendant's exhibit No. 3), discloses an armored belt secured to a ship's side with a cellular fitting positioned between the outer metallic armor and the ship's side or planking. This cellular element may consist of tubes or boxes which the inventor fills with water for added protection against projectiles. Figs. 1 to 9 illustrate the use of the armor on ships from the gunwale down to the turn of the bilge. In none is there provided protection exterior to or covering the bottom of the hull.

United States patent to Thurston, No. 1,246,494, issued Nov. 13, 1917, is entitled "Warship and other sea-going vessel" (defendant's exhibit 5). The invention is for vessels and provides outside protection from submarine or mine

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Reporter's Statement of the Case

explosives consisting of chambers located around the ship in substantially its center and body section. These chambers extend outwardly and inwardly with respect to the hull lines of the boat. They are blisters in the sense that they are of bulging form and are extraneous to normal contour of the vessel.

These chambers do not surround or cover the bottom of the vessel. An arrangement of compartments within the chambers are designed to give additional strength to the vessel after an exterior explosion.

U. S. Patent No. 1,299,697, dated April 8, 1919, and issued to Ferrati, Pecoraro, and Guidoni, is for protection of ships against submarine attacks or mines and consists of a protective structure to be applied to the outside of ships (defendant's exhibit 6). This structure is presumably of metal, although not so limited in the patent, and extends from a point near the upper deck or sheer line of the ship over and outside of its normal hull down to and fastened at a point indicated by the red pencil letters A and B in Fig. 1. This point is at the turn of the bilge, and for that reason the bulge or blister does not surround the bottom of the vessel.

British patent No. 124,088 of 1918, issued to William Henry Humphreys, entitled "Improvements in the Construction of Ships," is designed to provide protection from submarine or exterior explosive attacks (defendant's exhibit 3).

The inventor surrounds the hull of a ship with an outer skin of "pliant metal" from keel to a little above the water line, with the space between hull and outer skin filled with water. This "water jacket" may be continuous or divided into compartments, see Fig. 1, numeral 3, indicating the division of the compartments. This surrounding outer skin may be the "full length of the ship, or cover only the most vital parts." Lines 15-16, page 1, specification. There is neither shown nor disclosed a longitudinal recess in the bottom of the vessel.

The details of this device show a concrete wall interposed between the ship's hull and the blister for added protection from the effects of an explosion. At the point of attachment of the blister to the ship hull (see red pencil A―B,

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Reporter's Statement of the Case

Fig. 1) an angular channel or recess is formed. This recess so far as the patentees state has no ascribed purpose and is the result of the angle iron used to connect blister to hull, see Fig. 2. Necessarily this channel extends along both sides of the hull the full length of the blister.

United States patent No. 1,237,883, issued Aug. 21, 1917, to G. E. Elia, is again one for "Ship Protection Against Submarine Explosives" and comprehends a blister or protective shell around the hull of a ship extending from stem to stern (defendant's exhibit No. 7). The space between the shell or blister and the hull contains compartments 3 formed by bulkheads 2, Fig. 3. These compartments contain tubes 4, Fig. 5, hermetically sealed and from which the air has been exhausted, creating a partial vacuum. When a shell or explosion breaks through the protective blister, it disrupts the tubes 4 which allow the gas of explosion to expand in a "large vacuum chamber."

The hull protection or blister extends down from a point above the ship's waterline to a point approximately at the turn of the bilge, Fig. 2. It does not cover or surround the bottom portion of the vessel. The patentee states, lines 58 to 62, page 1 of the Specification: "The hull A of the ship is of usual construction and the protective structure B is applied to the exterior of the hull without any material change in the design thereof."

United States patent No. 1,266,196, issued to F. W. Bentley, May 14, 1918, is for "Protective Armor for Ships" and its object is to minimize and distribute the force of concussion of an explosion of a torpedo or mine on the hull of the vessel (defendant's exhibit No. 8), Fig. 2, illustrates a section of the hull, amidship, wherein a blister or casing is attached by angle irons to the ship's sides above the waterline, and extends over the sides down to the turn of the bilge. The blister is filled with a porous, slag material which, upon receiving the shock of an exterior explosion, will distribute and absorb its force, thereby protecting the true hull of the vessel.

The blisters entirely encompass the bow and sides of the ship but do not extend across or surround the bottom of the

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vessel. The bottom of the hull is flat and discloses no inwardly extending central recess.

United States patent No. 1,233,237, issued July 10, 1917, to Albert C. Holzapfel, discloses "Protecting Means for Ships or Vessels" consisting of an elastic medium placed between the hull of the ship and an outer shell which is attached by angle irons to the ship's sides (defendant's exhibit No. 9). The elastic medium consists of air compartments 12, Figs. 1 and 3, next to the ship's hull, outside of which and contained within the blister, there is provided a protective covering of balsa wood or cork.

This light wood serves as a means of protection as well as absorbing the force of an explosion. This composite blister does not cover or surround the bottom of the vessel, in fact it is well above the horizontal plane of the ship's bottom at its lower line of attachment by angle irons 8, Fig. 1. There is no central longitudinal recess shown in the bottom of this ship.

United States patent to J. A. Steinmetz, issued Jan. 15, 1918, No. 1,253,295, illustrates "Means for Protecting Vessels Against Submarines" (defendant's exhibit No. 10). The device provides large tubes 7 attached to and running longitudinally along the sides of a ship's hull 6, Figs. 1 and 2. These tubes are open-ended and hollow to reduce resistance when the vessel is under way. They are located below the water line of the ship. A variant of the above-described tubes 7, is disclosed in Fig. 3 wherein the tubes 9 cover the sides of the vessel, flare out, and surround the bottom of the hull to the keel at 11. The bottom of the vessel has no central recess running fore and aft.

United States patent No. 652,876, granted July 3, 1900, to C. Andrade, Jr., covers a "Hull for Ships or Boats" (defendant's exhibit No. 15). The objects of this patent are the improvement in the body form of ships with particular regard to so shaping the angular relation of the sides, to the bottom, that the ship makes no leeway when sailing. Fig. 75 of the patent shows the general characteristics of the hull contour while Figs. 9, 10, 11, 12 illustrate a hull having a concave bottom. This patent is not concerned with the utilization of a blister or bulge applied to a hull but is simply a

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