or equitable lien upon the mortgaged property before the mortgagor has been adjudicated a bankrupt, under this provision his rights will or will not inure to the benefit of the estate, depending upon the time when the lien was acquired. If acquired more than four months before the commencement of the bankruptcy proceeding, his lien would inure to his own exclusive benefit; but, if acquired at any time within the four months, it would be null and void, under subdivision "f" of the section, except as preserved for the benefit of the estate as provided in that subdivision and in subdivision "b." Subdivision "e," like the other provisions, does not authorize the trustee to avoid a transfer unless some creditor might have avoided it. We think these provisions ought not to be extended by construction to cover cases which are not distinctly within their terms, for the purpose of subverting liens which have originated in good faith, which have remained unchallenged at the time of the commencement of the bankruptcy proceeding, and which no creditor of the bankrupt could ever have attacked successfully except at the option of the debtor. We conclude that, except as to the Reilly judgment, the lien of the mortgage was valid, and that the trustee is entitled only to the amount of that judgment out of the proceeds in the registry of the

court.

We have not overlooked the point made by the trustee that the mortgage was invalid because the consents of the stockholders of the mortgagor had not been filed in the office of the proper official, as required by the provisions of the stock corporation law. These provisions are for the protection of stockholders, and only stockholders can take advantage of any defects in complying with them. Bank v. Averell, 96 N. Y. 467, 475; Paulding v. Steel Co., 94 N. Y. 334. The order of the court below should be modified conformably with this opinion, and it is accordingly reversed, with instructions to so modify it.

(110 Fed. 529.)

GENERAL FIRE EXTINGUISHER CO. v. MALLERS et al.

(Circuit Court of Appeals, Seventh Circuit. June 26, 1901.)

No. 757.

1. PATENTS-AUTOMATIC FIRE EXTINGUISHER-NOVELTY.

Freeman, to whom patent No. 415,166 for an improvement in automatic fire extinguishers was issued, was not the first to introduce the conception of a strut which, though composed of different members, was, as an entirety, separate from the environing framework; hence his claim on the score of separableness of the strut cannot be maintained.

2. SAME-CLAIM-DESCRIPTION.

Where, in the claim for a patent for improvement in automatic fire extinguishers, no emphasis was placed on the idea of angular pivoting of the strut, and no grant on that score was either asked or allowed, an action for infringement of that feature cannot be maintained, since, though the court may go to the description to amplify a claim, it cannot, out of the mere descriptive portion, wholly create a claim.

3. SAME-CHANGE OF CLAIM-LIMITATION OF PURPOSE.

Where the original claim for a patent is rejected as infringing on a former patent, and the inventor modified the objectionable claim by inserting words specifying the purpose of the combination of parts therein, and on such modified claim the patent is allowed, such action of the patent office and his acquiescence therein should be held to limit the claim to such purpose.

Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois.

The bill in the Circuit Court was to restrain infringement of Letters Patent No. 415,166, issued November 12, 1889, to John R. Freeman for an improvement in Automatic Fire Extinguishers. 110 Fed. 528.

The substantial portion of the Letters Patent, together with its drawings, is as follows:

"This invention has for its object to construct an automatic sprinkler to be used for the extinction of fires by sprinkling with water or other appropriate liquid which, prior to the occurrence of the fire, is retained in appropriate conduits or reservoirs, the said sprinkler comprising a valve normally held closed by connections or supports, which are in part composed of easily-fusible material, and which under the action of undue heat will permit the said valve to open.

"The object of my present invention is to provide means for protecting the sprinkler against the action of corrosive vapors and to prevent accumulation of dust or lint upon the working parts; also, to provide improved mechanism for holding the valve closed, which shall, while acting upon the valve with great force, yet exert but slight strain upon the fusible material; also, to provide convenient means for the renewal of the protector for the sprinkler; also, to provide simple means for assisting the valve in its movement from its seat; also, to provide other details of construction, to be hereinafter pointed out.

"Figure 1 shows in vertical section an automatic sprinkler embodying this invention, the yoke holding the operating parts being broken off; Fig. 2, a vertical section of the automatic sprinkler shown in Fig. 1, taken on the dotted line xx; Fig. 3, a horizontal section of the fusibly-united valvesupport; Fig. 4, a side elevation of the fusibly-united valve-support, the parts being shown as separating to permit the valve to leave its seat; Figs. 5 and 6, details of a modified form of valve-support; and Fig. 7, a detail of the valve-support shown in Fig. 5, provided with fusibly-united clamping plates.

"The top plate A is provided centrally with an externally screw-threaded nipple C.

"The top plate A has formed upon its under side at the nipple C a valveseat, against which is normally pressed a valve B, (shown as a flat plate,) loosely connected to the outer or free end of a flat spring Q, attached to the under side of the top plate A. The tendency of the spring Q is to move the valve away from its seat, so that after the said valve has been held closed against its seat for a long period of time the spring Q will assist in its removal. Attached to or formed integral with the top plate is a yoke K, which serves as a support for the operating parts. The yoke K is tapped to receive the screw-threaded plug I, having the conical end portion I', the shank of said plug I between the conical end portion and its screw-threaded portion being made smooth and adapted to receive upon it the distributer J, said distributer bearing upon the yoke K, but rotating upon the plug I. This valve-support is composed of a post L and a bent lever M, the point where the lower end of the post L thrusts against the bent lever M being out of line with the point where the lever M bears on its fulcrum I, so that the lever M is practically a lever of the second order, the thrust of L and reaction of I tending to cause L and M to separate, as shown in Fig. 4, the contacting faces also being offset from the supporting-points of the post and lever; but the greater the length of that arm of the bent lever M which is

united to the post L by the fusible solder the less will be the strain on the uniting-solder, making the strain small in proportion to direct pressure exerted against the valve. Each bar L M is grooved or corrugated vertically upon its contacting side, so that when held together movement of one upon the other is prevented. The post and bar are held together by fusible material placed between them, and also by two clamping-plates N O, embracing them and extending a short distance beyond them at each side to present large contacting surfaces for the said clamping-plates, and the said clamping-plates are also joined by fusible material-such, for instance, as solder as best shown in Fig. 3. The valve-support is placed beneath the valve B, the upper end of the post L bearing against the under side of the valve and the step or offset of the bar M resting on the end of the plug I. An internally-screw-threaded cap H, having a ring G placed loosely upon the shank thereof, is turned upon the screw-threaded end of the plug I, and the loose ring G is surrounded by a ring of paraffine, stearine, or other equivalent material, which is adapted to melt at a low temperature.

"A glass case or shell D incloses all the operating parts, it having at its lower end a neck M3, which snugly fits and adheres to the paraffine ring F, and having its upper edge slightly tapered and adapted to enter a recess or groove E, which has been previously filled with paraffine or equivalent material.

"The shell D prevents access of dust and corrosive vapors to the operating parts, so that they cannot deteriorate or become injured in any way. The shell is made, preferably, of transparent glass, so as to permit the internal parts to be readily examined, and, moreover, being diathermous, it permits radiant heat to pass through it and begin to act on the fusibly-united valvesupport L M; also, the external shell D retains any leakage which may possibly occur.

"On the occurrence of a dangerous rise of temperature the ring of easilyfusible material F loses its sustaining power, and the material in the groove E, also being softened, loses what little adhesiveness it possesses, thereby permitting the shell D to fall. The action of the heat next causes the easily-fusible solder or like material uniting the thin metallic clampingplates N O, and also uniting the post and bar L M, to lose its strength, whereupon these parts separate and permit the valve B to fall, assisted, as above described, by the spring Q, and the water or other liquid issuing from the nipple C strikes the distributer J, revolving it by force, and thereby distributing the water.

"I preferably use paraffine or stearine for making the ring F, such material being non-corrosive and fusible at a temperature a little lower than_that of ordinary fusible solder, such as is used in holding the valve-support L_M; but it is obvious that the ring F might be made of ordinary fusible metal. "In lieu of the paraffine or like material placed in the groove E, an elastic ring or washer may be used. I make the upper edge of the glass shell sharp in order that when this shell is forced into place by a slight pressure of the screw H the edge may cut into the material in the groove to a small extent, and thus make the sealing of the joint more secure.

"The proportions of the post forming the valve-support may be materially varied, and also the grooves or corrugations on the contacting faces or sides of the parts of the valve-support may be omitted, if desired; but by their employment the strain on the solder is reduced. I also preferably groove or corrugate the clamping-plates N O, as best shown in Fig. 3, the corrugations varying in width, so that the plates cannot be misplaced.

"By making the plates N O thin and of large area, as shown in Fig. 7, heat is quickly absorbed.

"I preferably cover the outer surface of the plates N O with a thin coating of lamp-black to thereby increase the rapidity with which it will absorb heat. "It is obvious that the glass shell or case may be employed as an inclosingcase for the automatic sprinklers of various kinds now on the market, and I therefore do not desire to limit my invention to the combination therewith of the particular form of sprinkler herein shown.

"In practice it may be found that the fusibly-united plates N O, em

bracing the post and bar L M, may be in themselves sufficient to hold in place the valve, thereby omitting the fusible material between the contacting faces of the said post and bar.

"The object of the screw-threaded cap is to permit substituting a new glass case or cover for a broken one without displacing the valve."

The claims sued upon are the following:

3. "In an automatic fire-extinguisher, the valve and separable valve-support, combined with the separable clamping-plates to hold the parts of the valve-support in contact, said plates extending laterally and being fusibly connected beyond the said support, substantially as described."

5. "The combination, with the valve of an automatic fire-extinguisher, of the fulcrum I and the fusibly-united independent valve-support consisting of a post L and a bent lever M, one end of the post bearing against the valve, the other against the bent lever, the direction of thrust of said post against the lever being at one side of the fulcrum I, at a point lying between said fulcrum and the outer end of said lever, so as to tend to pull said outer end of lever M away from post L, substantially as described."

The principal patents relied upon as anticipations are as follows: Letters Patent No. 277,481, issued to R. W. & F. Grinnell, May 15, 1883, for an Automatic Fire Extinguisher.

Letters Patent No. 388,905, issued September 4, 1888, to W. Neracher for an Automatic Fire Sprinkler.

Letters Patent No. 356,874, issued February 1, 1887, to W. Harkness for an Automatic Fire Extinguisher.

Letters Patent No. 305,663, issued September 23, 1884, to J. R. Brown for an Automatic Fire Extinguisher.

The substantial portion of the latter patent, with its drawings and first claim, is as follows:

"This invention has reference to an improvement in the construction of automatic fire-extinguishers; and it consists in the peculiar and novel device by which one or two outlets are closed, so as to resist the internal pressure, until, on the occurrence of a fire, the same are released by the action of heat on a fusible solder, as will be more fully set forth hereinafter.

"In automatic fire-extinguishers as heretofore constructed the parts which are secured together by a fusible solder to restrain the action of the extinguisher until the breaking out of a fire would melt the solder have been secured so that the strain on the soldered surface was on a line with such surface, so that on the partial yielding of the solder the surfaces commenced to slide on each other, and such sliding, if arrested, would cause the extinguisher to leak. To prevent this creeping, I employ the solder simply to hold the two parts together surface to surface, which, on the melting of the solder, will separate without any movement of the surfaces upon each other.

"Fig. 1 is a view of my improved automatic fire-extinguisher. Fig. 2 is a view of the same, partly in section.

"In the drawings, A is the inlet, provided with a screw-thread by means of which it is secured in the usual branch-fitting of the pipes placed in the building to be protected, and connected with the water-supply. B B are two branches, ending in the discharge-outlets C C, placed opposite each other, so that the two streams issuing from the outlets will impinge against each other, and thus disperse the water in a fine spray over a large area. DD are caps by which the outlets C C are closed. They are preferably provided with a packing-ring, to insure a tight joint, and are provided with the central indentation, d d, in which the device for securing the caps rests. This device consists of the round-ended cup E, the interior of which is screw-threaded, and which is provided with holes into which a pin may be inserted to turn the cup E; or it may be made square or polyangular, so that a wrench can be applied. Screwed into the cup E is the post F, provided with the shoulder f, which shoulder is concaved, so as to form a firm bearing for the post G, which is secured to the post F by solder, the upper end of the post G bearing against the cap D and resting in the cavity d. By holding the posts F G and turning the cap E in one direction the whole device is elongated, and the caps D D are forced against the outlets, while by turning in the opposite direction the same are loosened. As long as the posts F G are held together by solder, the device will resist the internal pressure on the caps D D; but as soon as the solder is weakened by heat the joint is torn apart by the upsetting of the post F. The surfaces soldered do not slide in the least on each other, but are torn asunder as soon as the joint is sufficiently weakened by heat.