Lorraine Corp. v. Union Tank & Pipe Co.

This is an appeal from a final decree dismissing a suit for infringement of letters patent. The patents involved are reissue No. 15,220, dated November 8, 1921, being a reissue of patent No. 1,373,684, dated April 5, 1921; also patents Nos. 1,396,880, dated November 15, 1921, 1,577,917, dated March 23, 1926, and 1,620,771 dated March 15, 1927. These several patents were issued to David G. Lorraine, and by him assigned to the Lorraine Corporation, the appellant here.

Speaking generally, the patented device in controversy is an apparatus, or gas trap, employed for the purpose of separating the oil products, gas, sand, water flowing from oil wells. We had occasion to consider this and similar devices in Lorraine v. Townsend (C. C. A.) 290 F. 54 , and Lorraine v. Townsend (C. C. A.) 8 F. (2d) 673, 675. In discussing the first Lorraine patent and the reissue, in the latter ease, we said: “The vertical partition is open at the top, so as to permit the collection of gas under pressure to be delivered to the outlet pipe at the top of the cylinder. This partition extends below the normal level of the oil, but terminates a considerable distance above the bottom of the separator. The oil…