Petition — Piher International Corp. v. CTS Corp.

i] FEB 2 1876

In THE

MICHAEL RODAK, JR, CLERE

Supreme Court of the Unites States

Octoser Term, A.D. 1975

No. —_42-1092

PIHER INTERNATIONAL CORPORATION

and PIHER SOCIEDAD ANONIMA,

Petitioners,

vs.

CTS CORPORATION,

Respondent.

PETITION FOR WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Ricuarp R. TREXLER

Ratrorp A. BiacksTong, JR.

Otson, TREXLER, WOLTERS,

BusHNeELL & Fosse, Lrp.

141 West Jackson Boulevard

Chicago, Illinois 60604

Attorneys for Petitioners

—_——————— EE EE ore — — — —

Midwest Law Printing Co., Chicago 60601, Financial 6-3988

ett Bit Pane ,

TABLE OF CONTENTS

PAGE

OPINIONS OF THE COURTS BELOW 2

JURISDICTION .. ciseidtahiniisiieaiaiieaacien 2

QUESTION PRESENTED .. 3

THE STATUTE INVOLVED .. 3

STATEMENT OF THE CASE 4

REASON FOR GRANTING THE WRIT 6

ARGUMENT ..-. 7

II ieisiiceeltai icc ieeiianceiielianneniindieitinnniincianes i)

APPENDICES:

A—Opinion of the United States Court of Appeals

for the Seventh Circuit ‘ - A-l

B—Order of Court of Appeals denying Petition for

Rehearing B-1

C—Memorandum Opinion of United States District

Court for the Northern District of Illinois, East-

ern Division (Honorable Julius J. Hoffman,

Senior District Judge) C-1

D—United States Patent No. 3,518,604 D-1

E—United States Patent No. 3,237,140 E-1

F—United States Patent No. 3,375,478 F-1

% In THE

LIST OF AUTHORITIES CITED | Supreme Court of the United States

Cases Octosrr Term, A.D. 1975

Graham y. Deere, 383 U.S. 1 (1966) 6

Sakraida v. Ag Pro, Inc., United States Supreme Court No.

Docket No. 75-110, Court of Appeals decision report-

ed at 512 F.2d 141 (Sth Cir. 1975) .. 6

PIHER INTERNATIONAL CORPORATION

Statute and PIHER SOCIEDAD ANONIMA,

i) 2) 3, 5, 6, 8, 9 Petitioners,

vs.

CTS CORPORATION,

Respondent.

PETITION FOR WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

PIHER INTERNATIONAL CORPORATION and PIHER

SOCIEDAD ANONIMA pray that a Writ of Certiorari issue

to review the decision of the United States Court of

Appeals for the Seventh Circuit in the case entitled CTS

Corporation (Plaintiff-Appellee) v. Piher International

Corporation and Piher Sociedad Anonima (Defendants-

Appellants)! Appeal No. 75-1100.

' Hereafter “CTS”; and “Piher”.

ulin

This is a patent infringement action, and the patent

involved in the present Petition is No. 3,518,604 on

“Electrical Component” issued to CTS Corporation on

June 30, 1970, pursuant to an application filed February

12, 1968.

OPINIONS OF THE COURTS BELOW

The opinion of the Court of Appeals, concerning pat-

ent No. 3,518,604, and others,? was decided September

17, 1975. The decision is unreported, and a copy of the

slip opinion is hereto appended as Appendix A.

The Court denied a Petition for Rehearing by your

Petitioners in an unpublisned order dated January 26,

1976, a copy of which is hereto appended as Appendix

B.

The lower Court decision in the District Court for the

Northern District of Illinois, Eastern Division, involving

said patent No. 3,518,604, and others,” is published in

184 USPQ, at page 399, and a copy is hereto appended

as Appendix C.

JURISDICTION

J urisdiction of the Court is invoked under [itle 25, US

Code Section 1254 (1).

This Petition is filed within the ninety (90) days’

period permitted under Title 28 U.S.C. Section 2101(c),

from the order of the Court of Appeals on Petition for

Rehearing dated January 26, 1976. (Appendix B).

2 Patents No. 2,740,027; No. 3,375,478; and No. 3,670,285.

0 ene ee ee

—3—

QUESTION PRESENTED

This js a patent infringement action, and the question

presented by the present Petition concerns the standard

to be followed in determining the questicn of ob-

viousnéss under 35 USC Section 103.

Specifically, the question may be stated as follows:

1. If a combination of two prior art references is

obvious to accomplish a first result, is that same

COmbination of references rendered non-obvious

because it accomplishes a second result allegedly

not disclosed in the references in question?

THE STATUTE INVOLVED

35 U.S.C. § 103

Conditions for patentability; non-obvious subject

matter

_A patent may not be obtained though the inven-

tion is not identically disclosed or described as set

forth in section 102 of this title, if the differences

between the subject matter sought to be patented

and the prior art are such that the subject matter

aS a whoie would have been obvious at the time the

invention was made to a person having ordinary

skill in the art to which said subject matter per-

tains. Patentability shall not be negatived by the

Manner in which the invention was made.

endine

STATEMENT OF THE CASE

CTS filed its patent infringement action alleging in-

fringement of four United States Letters Patent 2,740,-

027, (027); 3,375,478 ('478); 3,518,604 ('604); and 3,670,-

285 ('285). Upon stipulation, and completion of the

pleadings before the District Court, there remained at

issue, the question of infringement of ‘027, ‘478, and

‘604, and the question of validity as to all four of the

patents, including the question of obviousness over the

prior art in the case of ‘604, and alleged invalidity upon

the ground of “on sale” more than one year before the

patent application was filed in the case of ‘285. The

Trial Court made findings adverse to Piher upon all

issues.

In view of the nominal amounts involved, no appeal

was taken by Piher as to ‘027 and '478; but appeal to the

Court of Appeals was taken as to ‘604 and ‘285 including

the issue of validity upon the points above stated.

On the appeal, the Court of Appeals held that the

Trial Court improperly excluded certain evidence as to

“on sale” in connection with ‘285, and remanded the case

to the District Court for a new trial upon this issue.

As to ‘604, the Court of Appeals held the patent valid

and infringed, and the validity hulding by the Court of

Appeals upon the question of obviousness over the prior

art is the subject of the present Petition to this Court. A

copy of patent No. 2,518,604 ('604) is appended hereto as

Appendix D.

The subject matter of patent ‘604 relates to variable

resistors, sometimes referred to as “potentiometers” or

—§—

“trimmers.” CTS is the owner of two earlier patents, No.

3,237,140 ('140) and No. 3,375,478 ('478) which bear

upon the same subject matter and which have prior art

status as to CTS’ patent ‘604. A copy of 3,237,140 ('140)

is hereto appended as Appendix E, and a copy of 3,-

375,478 ('478) is hereto appended as Appendix F.

The obviousness question presented by the present

Petition involves simply the substitution of the improved

flared bearing 3lc, Fig. 1, of ‘478, for the more conven-

tional or non-flared bearing at the aperture 15, Fig. 2, of

‘140. The Court of Appeals in its decision in effect holds

that such combination is obvious if the purpose is io

provide a “secure relationship” between the parts; but

that the same combination is rendered non-obvious if

there is also involved the additional purpose of “dust ex-

clusion”, because this feature allegedly is not adequately

disclosed in either reference.

Your Petitioners respectfully submit that this holding

by the Court of Appeals presents an anomaly in the law,

in the consideration of the question of obviousness under

35 USC 103.

’ The Patent Office examiner was not informed by CTS of its

patent ‘478. Upon the issue of duty of disclosure, the Court of

Appeals said that it was “surprised and troubled” by the

deliberate failure of CTS to cite its patent ‘478 to the Patent

oe | the prosecution of the ‘604 application. (Appen-

ix

~~

REASON FOR GRANTING THE WRIT

In Graham v. John Deere Co., 383 U.S. 1 (1966) this

Court laid down the standards and procedures to be

followed in the consideration of the question of ob-

viousness under 35 USC 103.

In view of the decision by the Court of Appeals below,

there now arises the question of whether under those

standards and procedures a combination of two refer-

ences may be obvious to achieve one purpose, while the

combination of those same two references is rendered

non-obvious if an additional result or purpose is

achieved, inherent in the combination, but allegedly not

adequately discussed or disclosed in the specifications of

the references in question.

It is believed that this question should be clarified by

this Court, perhaps companion to the question of ob-

viousness under 35 USC Section 103, which is now

before this Court in the Fifth Circuit case of Sakraida v.

Ag Pro, Inc., (U.S. Supreme Court Docket No. 75-110;

Court of Appeals decision reported at 512 F.2d 141).

aun

ARGUMENT

The decision by the Court of Appeals below, pertinent

to the question presented by this Petition, appears in the

Court’s decision in Section I, comprising Appendix

pages A-4 and A-5; and the involved structures are not

complex.

Reference patent ‘140 (Appendix E), discloses a dust-

proof trimmer, but utilizes an essentially conventional

non-flared bearing at the aperture 15, Fig. 2, where the

rotatable resistor drive shaft 52 projects through the

apertured closure wall 13 (see patent specification

column 3, lines 10-24 and column 5, lines 10-38).

The reference patent ‘478 discloses an improved flared

type bearing 3lc, Fig. 1, the structure being described

in the ‘478 patent specification, column 4, beginning line

40, as follows:

“Such design assures a tight bearing fit between

the shaft 31 and the bearing or aperture 14b as well

as eliminating longitudinal movement of the shaft.”

Patent ‘478 does not employ a dust-proof housing.

The decision by the Court of Appeals (Appendix pages

A-4 and A-5) recognizes that the structure of ‘604, the

patent in suit, is achieved simply by the substitution of

the flared bearing of ‘478 for the more conventional

bearing of ‘140; and that such combination or substitu-

tion will achieve the dual purpose firstly, of holding the

parts “securely together” while being smoothly

rotatable, and secondly, of “preventing dust or other

foreign matter from entering the compartment.” And

the Court says (Appendix page A-5) that the substitution

=§—

to “maintain a secure relationship” would be obvious.

Specifically the Court says (Appendix page A-5):

“If the flared bearing of ‘604 merely performed

the function of maintaining a secure relationship

among the components during adjustment, Piher’s

argument (of obviousness) would be valid.”

(parenthetical material added)

But the Court then goes on to find that the same com-

bination of references, obvious to achieve the result of a

“secure relationship” is non-obvious because there is ad-

ditionally achieved a “dust excluding function” which

the Court finds is not adequately discussed or disclosed

either in ‘140 or ‘478.

Your Petitioners respectfully submit that this holding

by the Court below presents a complete anomaly upon

the question of obviousness under 35 USC 103. If a com-

bination of references is obvious to achieve a first pur-

pose, then that combination of references is obvious for

any and all purposes which inherently result from any

combination which is made. If a combination of

references is obvious to achieve a first desirable result,

then that same combination cannot be rendered non-

obvious because additional results and benefits may be

inherent or achieved; and so to conclude presents a legal!

anomaly upon the question of obviousness under 35 USC

103.

Placed in the context of the present case, if the com-

bination of ‘140 and ‘478 is obvious to achieve in ‘140 a

more “secure relationship” between the parts, then that

combination cannot be rendered non-obvious by reason

of the fact that the inherent function of “dust exclusion”

is additionally achieved.

=

CONCLUSION

Wherefore, and for the reasons stated, it is respectful-

ly submitted ti:at the decision by the Court of Appeals

below is improper, and presents a legal anomaly upon

the question of obviousness under 35 USC 103 requiring

clarification by this Court, and that the present Petition

be granted.

Respectfully submitted,

Ricnarp R. TRrex.er

Ratrorp A. BiacksTone, JR.

$ Otson, TREXLER, WoLTERs,

BusHneit & Fosse, Lro.

141 West Jackson Boulevard

Chicago, Illinois 60604

Attorneys for Petitioners

APPENDIX

A-l

APPENDIX “A”

: 3n the

Gnited States Court of Appeals

For the Seventh Circuit

No. 75-1100

CTS Corporation,

Plaintiff-A ppellee,

v.

Pruner INTERNATIONAL CORPORATION and

Pines Socrepap ANoNImMA,

Defendants-A ppellants.

~~" from the United States District Court for the

rthern District of Illinois, Eastern Division

No. 72 C 1891

Juutius J. Horrman, Judge

Arcven June 11, 1975 — Decipep DecemBer 17, 1975

Before Cuiark, Associate Justice (Retired)*, Stevens,

Circuit Judge, and Grant, Senior District Judge.**

Stevens, Circuit Judge. Appellants contend that thie

district court erroneously rejected their attacks on the

validity of the ’604' and ’285* patents on variable resistance

* Associate Justice Tom C. Clark of the Supreme Court of the United

States (Retired) is sitting by designation.

**Senior District Judge Robert A. Grant of the Northern District

of Indiana is sitting by designation.

a No. 3,518,604 on “Electrical Component” issued to appellee

of Beaver and Van Benthuysen on June 30, 1970, pursuant

to tion filed February 12, 1968.

?Patent No. 3,670,285 on “Variable Resistance Control With End

Collector” issued to appellee as assignee of English on June 13, 1972,

pursuant to application filed March 16, 1970.

A-2

controls and erroneously found that their “PT-15” trim-

mer infringed the former patent. The ’604 patent discloses

a flared bearing used as a dust excluding seal of an aper-

ture in the housing enclosing the control. The ’285 patent

describes a mechanical assembly which uses a metallic

collector—an essential component of the control—as the

hase of the housing.

The principal issues on ay are (1) whether one of

appellee’s earlier patents (’478)*, which disclosed the use

of a flared bearing to hold the components of the control

together, made the 604 improvement obvious; (2) whether

the failure to cite 478 to the Patent Office during the pro-

cessing of the 604 application breached appellee’s duty of

disclosure; (3) whether reversal of the finding that the

‘604 patent has been infringed is required by either (a) |

the fact that appellants’ PT-15 trimmer (which appar-

ently is similar to appellee’s ’285 device) uses a metal-

lie collector as a base, whereas the device described

in the °604 specifications uses a nonconductor and admit-

tedly would not function with a metal base, or (b) the

fact that the PT-15 trimmer uses a flared bearing to seal

only one of two openings in its housing; (4) whether the

erroneous exclusion of critical evidence frustrated the pre-

sentation of a meritorious “on sale” challenge to the valid-

of the °285 patent;* and (5) whether appellee’s develop-

ment of the ’285 device was so abortive that either (a) it

was not “useful” within the meaning of § 101; or (b)

the patent specifications failed to describe “the best mode”

of carrying out the invention as required by $112;° or

3 Patent No. 5,478 on “Electrical Control And Method of Making

the Same” issued to appellee as of Van Benthuysen and Barden

on March 26, 1968, pursuant to application filed May 11, 1964.

*35 US.C. § 102(b) provides that a person shall be entitled to a

patent unless the invention was “. . . on sale in this country,

than one year prior to the date of the application for patent in the

United States... .”

535 USC. 101 provides that one who “invents or discovers any

new and _ a, seen, manufacture, or composition of —_

or any new improvement thereof, obtain

therefor, subject to the conditions and soquivennente of this title”

Datel

A-3

(c) the invention was “abandoned” within the meaning of

§ 102(c).". We shall briefly describe the product, the par-

ties, and the posture of the case, and then discuss the facts

in greater detail in connection with our consideration of

the several issues.

A variable resistor—sometimes called a “potentiometer”

or a “trimmer”—is used to adjust the electrical resistance

of an electronic circuit to a desired level. The volume and

tone controls on a television or radio set are examples of

variable resistors. The essential elements of such a con-

trol include (1) a driver, or shaft, which may be turned

manually or with a tool, such as a screwdriver; (2) a

contactor, which is affixed to, and may be rotated by, the

driver, and which makes electrical contact between the

collector and the resistance element; (3) the collector,

which must be a conductor of electrical current and is

installed in a fixed position; and (4) the resistance ele-

ment, which may be a horseshoe shaped sliver of carbon

affording varying degrees of electrical resistance, depend-

ing upon the location of the contactor which may be swept

from one end of the resistance element to the other by

turning the driver. These elements may be arranged in

a variety of configurations and sizes; in some —

they are enclosed within a dust excluding housing. e

patents in suit relate to the mechanical structure rather

than the electrical technology of the controls.

The parties are competitors in the manufacture and sale

of electrical components for television sets. The appellants

are a Spanish manufacturing corporation’ and its affiliated

American distributor,’ which the district court found to be

the “alter ego” of its parent. Since that finding is not

challenged, we shall refer to the two simply as “Piher.”

* (Continued)

most nearly connected, to make and use the same, and shall set

—_ a, a contemplated by the inventor of carrying

out his

SS OSS 0 ee £8 6 ee Oe ates & o

; Corporation, Illinois corporation with offices

* Piher International an

in Park Ridge, Llinois,

A-4

Appellee (“CTS”), an Indiana corporation,” originally

accused Piher of infringing four of its patents."* Since one

of these has now expired, and since only minimal damages

are recoverable as a result of infringement of the second,

Piher has not appealed from the holding that those two

patents were valid and infringed. Moreover, by stipula-

tion the parties withdrew che question whether Pihcr’s

PT-15 trimmer infringes the ’285 patent, as well as the

question of priority of invention of what we infer to be

essentially the same disclosure in the CTS ’285 patent

and in Piher’s Spanish patent describing the PT-15 trim-

mer; that priority issue is the subject of an interference

proceeding pending in the Patent Office. Specific attacks

on the validity of the ’285 patent were, however, raised

by Piher’s counterclaim and decided by the district court.

he issues on appeal, therefore, involve the validity of

604 and ’285 a infringement of 604. We turn to those

issues.

I.

The specifications in the 604 patent describe a variable

resistor which is completely enclosed in a tiny boxlike

plastic housing containing one round opening through

which a plastic driver or shaft projects. That projection

of the shaft is in the form of a barrel which includes a

flared bearing extending outwardly from the periphery

of the opening. The bearing fits against the surface of the

housing with sufficient firmness to hold the components of

the device securely together and yet be smoothly rotatable;

it also performs the function of preventing dust or other

foreign matter from entering the component.

Piher argues that the ’604 improvement was obvious

because (a) with cone exception, the general arrangement

of its components within a dust excluding housing was

disclosed by Barden-’140," and (b) that one exception,

namely the flared bearing, was disclosed by appellee’s

10CTS Corporation has its principal place of business in Elkhart,

The '604, ‘285, and ‘478 patents identified in notes 1, 2, and 3, and

an earlier patent, No. 2,740,027, which has since expired.

12 Patent No. 3,237,140 on “Variable Resistance Control” issued on

Feb 1966, to CTS of Barden and

to — & filed on May 20, 1883, ™ —

A-5

‘$78 patent. We agree with Piher’s premises but not with

its conclusion.

In Barden-’140 the sealing function was performed by

a thrust washer encircling the driver just inside the open-

ing in the housing. Both the ‘478 patent and the ’604

patent describe unsatisfactory characteristics of such a

washer and disclose a construction which substitutes a

flared bearing—i.e., an enlargement of a portion of the

driver—for the washer. That substitution having been dis-

closed by ’478, Piher argues that the same substitution

disclosed in °604 must surely be classified as obvious.

_ If the flared bearing in ’604 merely performed the fune-

tion of maintaining a secure relationship among the com-

ponents during adjustment, Piher’s argument would be

valid. But in S604 the flared bearing is designed to per-

form the additional dust excluding function, a function

net even arguably performed by its antecedent in °478."

Indeed, since the ’478 device is not enclosed in a housing,

that patent does not concern itself with the use of any

sealing member, and therefore neither implicitly nor ex-

plcity suggests that the enlarged portion of the shaft may

used to perform a sealing function.

Although each of the elements of the 604 combination

was disclosed by either Barden-’140 or by the ‘478 patent,

the fact that the flared bearing would successfully perform

& sealing function was disclosed by neither. According to

expert testimony which the trial judge credited, that fact

was not obvious to persons skilled in the art when the

invention was made. Since the sealing function of the

bearing in the 604 device was of critical importance in the

Examiner’s decision to allow the claims,"* and since his

as am “enlarged ” of the shaft. (See column 4, lines 34-38; it is

element 3le in 1 and 3.)

4*Claim 1 of which reads as follows was allowed only after

an amendment a at

re EK pharality of walle, Bane cloning. the

a w a

forming a thereof, an aperture in one of walls, a driver

A-6

decision is presumptively correct, the nonobviousness of

that application of a flared bearing in a variable resistance

control justifies the district court’s conclusion that the

concept was patentable.

II.

As we have already pointed out, the flared bearing in

604 performed both a structural function and a sealing

function. If only the former were involved, CTS clearly

would have been obligated to call the Patent Examiner’s

aitention to “478. Indeed, in view of the discussion of the

structural importance of the flared bearing in ’604, we are

somewhat surprised and troubled by the failure even to

cite 478 during the prosecution of the '604 application.

Nevertheless, we accept appellee’s argument that since

178 described a component which was not enclosed in @

housing, and therefore had no relevance to the function

of sealing an opening in a housing, prior art which dis-

closed the use of comparable closures to seal openings in

other enclosed devices was more pertinent than °478."°

That conclusion does not necessarily lead to the further

conclusion that the failure to cite 478 did not violate the

applicant’s duty of disclosure. We must assume that the

applicant deliberately decided not to call the Examiner’s

altention to "478, since it was one of its own patents, cf.

Armour & Company v. Swift € Company, 466 F.2d 767,

777-779 (7th Cir. 1972), and we are unwilling to assume

that the Examiner was familiar with it, id. at 779. Not-

withstanding these assumptions, the patentee is correct in

emphasizing the improbability that a patent on an unen-

closed control would affect the Examiner’s evaluation of

a means for effectively sealing the opening in a housing

during adjustment of the control. We therefore conclude

1¢ (Continued) on

with a portion. of the securing the driver to housing,

portion the including extending

FF ~Ks- a te & 4

Baty - FIL repeatedly em-

the specifications. See, eg, Col. 1 lines 17, 44-56, 69-70;

I, lines 12-15, 32-35.

SCTS cited Patent No. 3,215,303 on “Closure for in the

Walls of Electrical Outlet Boxes and the Like” (see column

2, lines 59-69) and Patent No. 3,099,057 on “Retaining ” (see

especially column 4, lines 12-19).

ee ae eee

A-7

that it was a permissible exercise of judgment for CTS

to omit the citation of the 478 patent during the process-

ing of the ’604 application.

Ii.

Our reasons for affirming the district court’s infringe-

ment finding may be briefly stated.

In the device disclosed in the ’604 specifications, and

in the components actually marketed by CTS, the base of

the housing is made of plastic and has the resistance ele-

ment affixed to it. In contrast, in Piher’s PT-15 trimmer,

the metal collector also serves as the base of the housing.

Unquestionably, if a metal base were used in the CT

device, it would not function. There is, therefore, a rather

dramatic difference between the two devices.

The question of infringement, however, is answered by

comparing the accused device with the claims of the —

not with any particular embodiment—even the prefer

embodiment—of the invention.” The claims in the ’604

patent do not require that the base of the housing be a

nonconductor. Despite the different arrangement of the

elements of the Piher trimmer, each of the elements de-

scribed in the 604 claims may be found therein. The dis-

trict court so found, and that finding is supported by the

testimony of plaintiff’s expert. Most importantly, the ar-

rangement of the base of the housing, the collector, and

the resistance element is really not relevant to the ques-

tion whether the accused device uses a flared bearing on

a driver to perform a sealing function. The critical ele-

ment of the invention is found in Piher’s trimmer.

Piher’s second attack on the infringement finding was

first advanced in its reply brief in this court. Piher points

out that the shaft in the PT-15 trimmer protrudes through

an opening in the bottom as well as through a second

A-8

opening in the top of its housing, and that the flared bear-

ing seals only one of the two holes.’ It would seem to

follow that the housing was not designed to exelude dust.

In contrast, the ‘604 device has only one opening in its

housing and the ‘604 claims refer to “an aperture in one

of the walls” and describe the location of the flared bear-

ing with reference to the periphery of “the aperture.”

It is not the fact that the Piher device has two holes

rather than only one that casts donbt on the infringement

finding; for surely if both holes were sealed with flared

bearings, there would be infringement. Rather, it is the

fact that there appears to be no seal at all over one of

the holes that raises the question whether Piher’s housing

is intended to exclude dust. But this question was unequiv-

ovally answered in the trial court when Piher’s counsel

acknowledged that Piher had made no attempt to prove

that the Piher trimmer does not have a dust excluding

housing." Thus, we must assume that the second opening is

effectively sealed against dust by a noninfringing means—

perhaps merely a close adjustment between the driver and

the aperture. That assumption, however, does not under-

mine the sufficiency of the finding that the flared bearing,

when it does perform a sealing function, infringes the "604

patent.

We conclude that the record adequately supports the

finding of infringement.

IV.

The fourth and fifth issues relate to the validity of the

"285 patent. That patent describes a control which differs

from the prior art in two important respects. The metal

collector serves as the base of the housing, thereby reduc-

ing the number of parts,"® and the contactor is pinched

? Actually, in the trial court Piher’s theory of noninfringement

a to have been that its flared bearing did not ev

the holes. The district court rejected that theory and

understand appellants to pursue it on appeal.

18See Tr. 2346-2347. This position in the trial court was apparently

compelled by a representation made by Piher to the Tariff Commission

with respect to the dust excluding character of its product.

19“Another object of the present invention is to provide a variable

resistance control utilizing a minimum number of parts by using

Ly ow as a cover for the housing.” Col. 1, lines 73-75; column

A-9

between the collector and the resistance element which are

in parallel planes, thereby maintaining a more constant

sressure between those two elements than when the spring-

ike contactor is employed between the two elements ar-

ranged concentrically in the same plane.*® Both of these

functions are also found in Piher’s PT-15 trimmer.” As

already noted, there is an interference proceeding pend-

ing in the Patent Office to decide the question of priority

of invention.

CTS may have been the first to experiment with the ’285

construction, but Piher appears to have been the first to

exploit it commercially.

In 1967, CTS commenced a “low cost 450” project which

eventually resulted in the ’285 patent. After rudimentary

testing of the handmade model, detailed drawings of the

device shown in the °285 patent were prepared, about

$20,000 was invested in the acquisition of temporary pro-

-

20“Yet another object of the present invention is to provide a variable

mC wR ty fn RET, Qh

element and the collector to thereby maintain contact

a on the resistance element and collector.” umn 2, lines

Both of the features mentioned in the text are identified in claim 1 of

and 13, 1968, for ——, ae

testimony in the record,, strongly indicates that essential features

were embodied in Piher’s from

A-10

duction tools, and a number of prototypes were assembled.

These samples were tested in May of 1968. Although a

defect was found in the samples, CTS determined that the

defect was easily correctable and that the samples were

commercially satisfactory. There is also testimony that

other samples tested in January of 1969 were found to

he fully operable. On the basis of that evidence, the dis-

trict court found that the invention had been reduced to

practice in May, 1968, and again in January, 1969. The

"285 patent application was filed on March 16, 1970, and

the patent issued in 1972. CTS has not yet marketed its

“low cost 450” control, but one of its witnesses testified

that it plans to do so in the future.

Piher filed a Spanish application on its PT-15 trimmer

in July of 1968. In the fall of that year, the witness

Adams, who was the manager of International Materials

for Motorola, visited Piher’s facilities in Barcelona and

was shown prototypes of the new trimmer. Toward the

end of the year he received samples froin Piher and placed

an order for a production trial run in January of 1969.

A portion of that order was shipped from Barcelona on

March 3, 1969, and was delivered to Motorola in April.

Piher’s principal attack on the validity of the ’285 patent

is based on evidence relating to this shipment which left

Barcelona more than a year before the. date of the appli-

cation for the patent but did not arrive in the United

States until after the critical date. Some of this evidence

was admitted and some is in the record as part of Piher’s

several offers of proof which the trial judge rejected.

Before discussing the specifics of that evidence it is impor-

tant to identify the material issues.

The challenge rests on §102(b) which defines the so-

called “on sale” defense. The statute speaks in terms of

“the invention” being on sale in the United States more

than one year prior to the application date.** It might more

"ee of § 102(b) reads as follows:

“A. person shall be entitled to a patent unless—

“(b) the invention was patented or described in a printed

publication in this or a foreign country or in public use or on sale

in this country, more than one year prior to the date of the

application for patent in the Uni States, or... .”

A-11

recisely have referred to a device embodying or disclos-

ing the invention. In any event, the defense is most fre-

quently asserted on the beste of evidence that the paten-

tee’s own product was on sale more than a year before the

patent application was filed.** The statutory purpose in

such cases is to make sure that the inventor may not extend

the period of patent protection for the commercial exploi-

tation of his monopoly beyond the statutory term.”

But the defense may also be predicated on evidence that

the invention was disclosed in a product sold’ by someone

other than the Pe me more than a year before the filin

date. Dunlop Holdings, Ltd. v. Ram 15) Corp., ...... F.2

pues , No. 74-2024 (7th Cir., Oct. 20, 1975). In such cases,

the statutory purpose is to preclude the award of a patent

to a person who is not actually the inventor; proof that

a product was on sale in the United States more than a

year before the application date conclusively places that

product in the 3~ 4! of prior art of which the inventor

is presumed to have had knowledge. See Judge Duffy’s

opinion in Illinois Tool Works, Inc. v. Solo Cup Co., Inc.,

1 F.2d 265, 270-271 (7th Cir. 1972). The “on sale” de-

fense in this case* in effect raises the question whether

Piher’s PT-15 trimmer must be regarded as prior art be-

cause it was on sale before the critical date of March 16,

1969.

We first put to one side an argument that CTS repeat-

edly asserted in the district court and which may have

provided an erroneous predicate for some of the trial

judge’s evidentiary rulings. CTS contended that Piher

was required to prove a completed sale in the United

23 See, e.g., Corp. v. General Time C 397 F.2d 431

ge =. ); Mfg. Co. v. Phenix Mfg. Co., F.2d 314 (7th

1972) ; Industries, Inc. v. E. I. DuPont emours and .

489 F.2d 1359 (7th Cir. 1973); The Red Cross Mfg. Corp. v. Toro Sales

Co., . F.2d ., No. 73-1900 (7th Cir.

24 “The underlying the ‘on sale’ bar is to an inventor

from back secrets of his invention public

ast anusie @ ‘tcheas” tn Oe is

amumy sae ty Ce Cena, © See copys © Nibw Ge

practice of referring to it as a .

A-12

States prior to the critical date. Admittedly, Piher proved

no such sale. But if it was then offering to prospective

purchasers in the United States a product which (a) em-

bodied the ’285 invention and (b) was complete in the sense

that it represented a reduction of the invention to practice,

the invention was on sale within the meaning of the statute

and the ’285 patent is invalid.**

There is substantial evidence in the record supporting

the conclusion that Piher’s PT-15 trimmer disclosed the

essential elements claimed in the ‘285 patent. Piher’s trim-

mer was described in detail by the expert who ex-

plained why it infringed the ’604 patent; his testimony

and the exhibits he prepared clearly disclosed the use of

a metal collector as a base for the housing, and also the

contactor pinched between the collector and the resistance

element in separate parallel planes. Moreover, in its origi-

nal complaint, CTS alleged that the PT-15 trimmer in-

fringed the ’285 patent.

CTS points out, however, that the fact that the invention

was disclosed in Piher’s trimmer in 1972 when the suit

was filed does not necessarily establish the fact that it

was embodied in any device which was on sale prior to

March 16, 1962. For there is evidence in the record that

the trimmer has been modified from time to time, and

Piher had the burden of proving that it reduced the con-

cept to practice before the critical date. See Dart indus-

tries, Inc. y. E. I. DuPont De Nemours and Co., 489 F.2d

1359, 1364 (7th Cir. 1973). Thus, the character of the

devices shipped by Piher on March 3, 1969, was of critical

importance.

Adams testified that after those devices were delivered

to Motorola in April of 1969, they were-turned over to

junar Klass for evaluation. Klass testified that he con-

ducted a series of tests in April, May and June of 1969.

CTS seems to have persuaded the trial judge that evidence

regarding these tests was irrelevant because the product

did not arrive in the United States until after the critical

date.*” CTS convinced the trial judge that a copy of the

26 See cases cited in n. 23, supra.

77 “MR. WYSS: I object to the so-called offer of for a

number of reasons. of this device,

A-13

Motorola purchase order issued on January 22, 1969, re-

lating to the March shipment was inadmissible because it

did not constitute “the best evidence” of what Motorola had

ordered, and its relevance was not manifest from the face

of the document. CTS also persuaded the court to exclude

testimony by K'ass, who had been responsible for Motor-

ola’s testing of the Piher device, in which Klass described

the essential features of that device.** The court also sus-

tained objections to the admissibility of one of the devices

which the witness identified as having been tested in 1969

on the ground that it had not been in the personal custody

of the witness for about a year, but rather had been in

the custody of Motorola’s patent department, and there

was no absolute assurance that the sieved exhibit was the

one he had tested. The arguments over the admissibility

of these exhibits and this testimony were extensive and

we are not entirely sure that we understand the basis for

the various restrictive rulings made by the trial judge. We

have no doubt, however, that the purchase order was rele-

vant and that the fact that it was a carbon rather than

27 (Continued)

or about April 11, 1969, so it is much too late for anything in

connection with this lawsuit and is under the provisions

MR. ROHRBACK: (C).

THE COURT: I sustain the objection of the plaintiff to the

offer of proof made by the defendant in connection with the offer

of Defendant’s Exhibit 48 for identification.” (Tr. 1602-1603).

28 During the offer of proof, the witness disassembled the exhibit

while he was on the witness stand and identified the collector as a

part of the base and the contactor’s location pinched between the

resistance element and the collector. The testimony was in part:

“Q Would you tell us what is inside Defendant’s Exhibit 48

for identification?

A Inside we see the contactor, which is mounted on the plastic

rotor. I will remove that, with the rotor, and we also

see the resistive element th the two terminals attached to

A The

Q Defendant’s Exhibit 48 for identification.

A The contactor is positioned on top of the rotor and is between

the resistance element and the collector.” (Tr. 1601-1602)

A-14

a ribbon copy did not justify its exclusion.” Moreover, the

lengthy testimony of the witness Klass, which we have

studied with care, contains sufficient assurance that the

offered exhibit was one of the devices ordered in January

and received in April to have justified its admissibility.”

ri eg py Sy A, 5 HH

and 1004 of the new Federal Rules of Evidence. Since the exclud

copy of the purchase order was a duplicate, its admissibility was

covered by Rule 1003, which provides:

“A duplicate is admissible to the same extent as an original

unless (1) a genuine question is raised as to the authenticity

of the o or (2) in the circumstances it would be unfair

to admit duplicate in lieu of the original.”

A “duplicate” is in Rule 1001(a) (4) as:

Motorola employee, Adams, was on the stand and in the offer of

proof t that the order was made by a Mr. Pinter under Adams’

direction. Adams also testified as to when the order arrived, what

devices were ordered (Motorola part numbers appear on the order

rather than Piher numbers), and when he had seen the Piher

devices which are the subject of the order. Although there is no direct

testimony describing the document as a “carbon copy,” in the absence

of any evidence to the contrary, we draw this inference from the

of the document which was offered for examination in light of the

testimony of the witnesses from Motorola. CTS, however, on remand,

retains the right to question the document’s authenticity.

30“By Mr. Jones:

Q Mr. Klass, I hand you Defendant’s Exhibit 48 and ask you

ae yy S from its . a wanes Se the exterior.

t a type — ns housing potentiometer,

has our production part number on it, has our test lab number

Q Can you tell us what parts are from the exterior?

A The parts visible from the exterior is the molded plastic

body, the collector, which is sealed with the body, has a plastic

rotor and has two terminals.

6S Sao ag Ces yew ated, . hem, oo wee

or not that is same number 4-PT trimmer that was tested

in or about April of 1969 and reported on in Defendant’s Exhibit

47 for identification?

A-15

As CTS argues, the reco. 1 does not entirely foreclose the

remote possibility that this particular device was mis-

labeled, or confused with another device when it was in

the custody of Motorola’s patent department; such a possi-

bility affects the probative value of the exhibit, but in

view of the positive character of the witness’s testimony

that it was one of the devices which had been tested in

1969, and that it was one that had been received pursuant

to the January order, it should have been admitted.

Surely, in a case tried to the court without a jury, discre-

tion in such evidentiary rulings should be exercised in

favor of admissibility, particularly when the record is

more apt to be encumbered by extensive argument over

issues of admissibility than by the evidence itself.”

If the physical exhibit identified by Klass had been

admitted, and if the trial court had accepted his oral testi-

mony presented in an offer of proof, the evidence would

have been sufficient to support findings of fact establishing

Piher’s “on sale” defense. For that evidence tended to

pee that the device which Motorola received in the

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A-16

Piher argues that we should therefore hold the °’285

patent invalid. Such a holding, however, would require

us to make the requisite findings of fact in the first in-

stance and to conclude that Piher has met its burden with

clear and convincing evidence. As we have indicated, if

the proffered testimony is credited, it appears that Piher

will prevail. But the question of credibility and the inter-

pretation of the exhibits are matters that must be decided

in the first instance by a trial judge. We therefore remand

for a new trial of all issues raised by Piher’s on sale

challenge to the validity of the ’285 patent.

V.

As already noted, CTS has never marketed its “low

cost 450” control commercially. Moreover, there were

defects, albeit correctable, in the prototypes which CTS

tested. Piher therefore argues that the invention was not

useful, that the best mode of carrying it out was not

described in the ’285 patent specifications, and that the

invention was abandoned. The trial judge rejected each

of these contentions and we cannot say that his findings

are clearly erroneous.

The fact that there was a defect in the prototypes

surely does not demonstrate that the invention was not

useful. Indeed, since the basic features of the invention

appear to be embodied in Piher’s PT-15 trimmer—as may

fairly be inferred from Piher’s on sale defense and CTS’

original charge that the PT-15 infringes the ’285 patent—

and since Piher’s trimmer is evidently a commercial suc-

cess, it seems logical to infer that the subject matter of the

invention is useful within the meaning of § 102.

Similarly, even if the CTS prototypes are not the best

possible embodiment of the invention, we find nothing in

the record to support the argument that the inventors con-

templated a better mode than that disclosed in the speci-

fications. Section 112 merely requires that the patent

disclose “the best mode contemplated by the inventor of

carrying out his invention.”

Finally, the fact that CTS promptly filed its patent

application forecloses the contention that the invention

was abandoned within the meaning of § 102(c). There are,

A-17

of course, cases in which the character of the commercial

exploitation of an invention will be relevant to the issue

of apm i cf. Dunlop Holdings, Ltd. v. Ram Golf

COrp., ...000. i , No. 74-2024 at 6 oy Cir., Oct. 20,

1975), but if the —— is promptly filed and dili-

- y prosecuted, the decision to postpone commercial

evelopment does not constitute abandonment.

VI.

The district court refused to award costs to CTS, even

though it prevailed on all issues decided by the district

court. CTS has therefore filed a cross appeal, relying

heavily on our recent decision in Pogiel Bros., Inc. v.

Schick Electric, Inc., 516 F.2d 772 (1975). In view of our

remand for a new trial of the on sale defense, we believe

that the question of what costs, if any, CTS should recover

can await the conclusion of the proceedings in the trial

court.

The judgment of the district court is affirmed in part

and reversed in part.

Clerk of the United States Court of

Appeals for the Seventh Circuit

B-1

APPENDIX “B”

UNITED STATES COURT OF APPEALS

For the Seventh Circuit

Chicago, Illinois 60604

January 26, 1976

BEFORE

Hon. Tom C. CLARK, Associate Justice*

Hon. JOHN PAUL STEVENS, Circuit Justice**

Hon. ROBERT A. GRANT, SR. District J eee

No. 75-1100

CTS CORPORATION, a corporation,

Plaintiff-A ppellee,

v.

PIHER INTERNATIONAL CORPORATION, a corporation; and

PIHER SOCIEDAD ANONIMA, a corporation,

Defendants-A ppellants.

Appeal from the United States District Court for the Northern

District of Illinois, Eastern Division — No. 72 C 1891

On consideration of the defendants-appellants’ petition

for rehearing filed in the above-entitled cause,

IT IS ORDERED that the defendants-appellants’ petition

for rehearing in the above-entitled appeal be, and the

same is hereby, DENIED.

* _ Associate Justice Tom C. Clark of the Supreme Court of

the United States (Retired) is sitting by designation.

** Mr. Justice Stevens participated initially as Circuit

Judge, and on and after December 19, 1975 as Circuit Justice.

*** Senior District Judge Robert A. Grant of the Northern

District of Indiana is sitting by designation.

C-1

APPENDIX “C”

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CTS CORPORATION, a corporation,

Plaintiff,

Vv.

PIHER INTERNATIONAL CORPORATION, a corporation, and

PIHER SOCIEDAD ANONIMA, a corporation,

Defendants.

- No. 72 C 1891

MEMORANDUM OF DECISION

JULIUS J. HOFFMAN, Senior District Judge. This is an

action for patent infringement with counterclaims of in-

validity and non-infringement. Original jurisdiction of

tent cases is conferred on the District Courts by 28

S.C. § 1338(a). Venue is properly laid in this district

under 28 U.S.C. § 1400(b). The plaintiff, CTS Corpora-

tion, is an Indiana corporation with its principal place of

business at Elkhart, Indiana. Defendant, Piher Inter-

national Corporation (PIC or Piher), an !linois corpora-

tion, has a regular and established place of business in

Park Ridge, Illinois. The second named defendant, Piher

Sociedad Anonima, (PSA) is a Spanish corporation.

Originally, a alleged infringement of four

United States Letters Patent, 2,740,027 ('027), 3,375,478

(478), 3,518,604 ('604) and 3,670,285 ('285). After

answer, stipulation, trial and amended complaint and

answer, respectively, infringement of the ‘027, ‘478, and

‘604 patents remained at issue, together with

C-2

counterclaims denying validity and infringement of the

‘027 and ‘604 patents, infringement of the ‘478 patent,

and validity of the ‘285 patent. Additionally, to permit

joinder of PSA as a party defendant, plaintiff alleged

that Piher was the “alter ego” of the Spanish corpora-

tion, PSA. The prayer is for an accounting for damages,

including costs and attorneys’ fees, and injunctive relief.

I. Piher Sociedad Anonima (PSA)

Plaintiff alleges that PSA is the “alter ego” of Piher

and therefore properly joined as a defendant. Facts

relating to this issue must be viewed in their entirety,

and if the appearance of PIC’s autonomy is merely

superficial, PSA is properly before this court. Frazier v.

Alabama Motor Club, Inc., 349 F.2d 456 (5th Cir. 1965).

See also S.O.S. v. Bolta, 117 F.Supp. 59 (N.D. Ill. 1953).

The network of interrelationships between Piher and its

Spanish parent is ample foundation for the conclusion

that Piher was autonomous in form only. The facts show

joint ownership, interlocking officers and directors,

employee confusion as to the source of compensation,

and customer treatment of the corporations as identical.

The wholly-owned subsidiary of PSA, Piher, was

organized, by its parent, as an Illinois corporation on

July 11, 1968 to serve as a marketing organization in the

United States. Sales by Piher were restricted to PSA

products. PSA designated Piher’s office as its own on in-

voices and business correspondence. Two brothers, Juan

Luis Heredero and Jose Antonio Heredero, own the sub-

stantial portion of both corporations. One brother is a

director of PSA and an officer of Piher, while the other

has been PSA’s chairman of the board at the same time

he was vice-president of Piher.

Other personnel serve in interrelated capacities.

Piher’s president, Garcia Nietro, is PSA’s export

manager, as was his predecessor Ricardo Balil. During

their respective terms as president of Piher, Nietro and

Bali! resided in Spain. The managing director of Piher

served as the PSA managing director for the United

C-3

States. Customers apparently dealt with officers of

Piher not in their gy! as officers of Piher, but as

representatives of Piher employees were unsure

whether their compensation came from Piher or PSA.

The evidence shows that one company sometimes paid

obligations of the other. For example, PSA paid the ex-

penses of Balil to travel to the United States to testify on

deposition in this suit. Viewing these facts in their en-

tirety, the court must find that Piher and its parent are,

for jurisdictional purposes in this action, the same.

II. Patent No. 3,375,478 ('478)

United States Letters Patent No. 3,375,478 issued in

the names of John Van Benthuysen and Wayne A.

Barden on March 26, 1968. Plaintiff holds all rights in

this patent for variable resistor controls. Because of the

small size of these devices, the plaintiff marked the

numbers of the ‘478 patent either on containers for the

resistors or on inserts placed in the containers.

28 U.S.C. § 271 defines an infringer as any one who,

without authority, makes, uses or sells any patented in-

vention within the United States during the term of the

patent. The “claims measure the invention.” Continental

Paper Bag Co. v. Eastern Paper Bag Co., 210 U.S. 405

(1908). The general rule is that if the accused device

falls clearly within the claim, infringement is made out.

7 Deller’s Walker on Patents § 511. Graver Tank Co. v.

Linde Air Products Co., 339 U.S. 605 (1950). The plain-

tiff contends that the accused PAB 15 devices sold by

defendants in the United States infringe claims 1, 3, 4

7, 8, and 10 of the ‘478 patent.

Defendants’ Model PAB 15 controls reproduce almost

exactly two of plaintiffs CTS Model 201 Series controls.

Plaintiffs expert demonstrated that the elements of

claims 1, 2, 3, 7, 8, and 10 of the ‘478 patent correspond

in term and substance to the elements of each of the

several forms of defendants’ Model PAB 15 controls.

Each element of the two forms of defendants’ Model

PAB 15 performs the same function in the same manner

C-4

as the corresponding element in each of claims 1, 2, 3, 7,

8, and 10 of the ‘478 patent.

While defendants did not refute this testimony es-

tablishing the similarity between plaintiffs claims and

the elements of defendants’ PAB 15 controls, they did

argue that no infringing act occurred in the United

a after the ‘478 patent was issued on March 18,

Prior to the issue of the patent, PSA obtained from

Motorola Corporation samples of plaintiff's Model 201

Series variable resistors. From these samples, it pro-

duced the PAB 15 controls. Defendants sold ap-

proximately 200,000 of tne PAB 15’s to Motorola Cor-

poration, who placed its last order with PSA March 8,

1968, ten days before the patent issued.

The majority were then delivered to Motorola, in the

United States, in or after mid-April of 1968, after defen-

dants had been notified of the ‘478 patent and their in-

fringement thereof. Sales activities continued in the

United States until the summer of 1969. Motorola subse-

quently returned most, if not all, of the devices and was

reimbursed by a check drawn by Piher. Although the

actual damages may therefore be slight, the court finds

ea plaintiff has proved infringement under 35 U.S.C.

71.

III. Patent No. 2,740,027 ('027)

CTS holds all rights in United States Letters Patent

No. 2,740,027 ('027) issued in the names of Wilbert H.

Budd, Robert A. Stackhouse and Herbert L. Slough on

March 27, 1956. The patent has three basic com-

ponents: a variable resistor control, trimmer poten-

tiometer, and metal encased coil. It allows temporary

mounting of the components in proper position until

they are permanently soldered into a circuit panel.

Plaintiff marked the numbers of the ‘027 patent either

on containers or on inserts included with the devices.

C-5

Plaintiff alleges that defendants’ PT 15 devices in-

fringe claim 5 of the ‘027 patent. The questions

presented are the infringement of claim 5 and the

validity of the ‘027 patent, the validity issue having been

raised via counterclaim for declaratory relief.

A. Infringement

As noted earlier, if the accused device falls clearly

within the claim, infringement is made out. Graver

Tank Co. v. Linde Air Products Co., 339 U.S. 605 (1950).

When the accused device achieves substantially the same

result in sut- tantially the same way as the patented

device, the devices are the same in the eyes of patent

law. King-Seeley Thermos Co. v. Tastee Freeze In-

dustries, Inc., 357 F.2d 875, 880 (7th Cir. 1966) Graver,

supra, 339 U.S. at 608, 609. Plaintiff's expert testified

that all elements of claim 5! of the ‘027 patent read in

term and substance upon corresponding elements of

1 Subclassified according to its elements, claim 5 reads:

“In a circuit component for radio and television sets hav-

ing a rotatable control shaft:

1] supporting means for the component fixed with

wy oon - t thereto and having panel engaging abutments

with surfaces thereon lying in a common plane spac-

ed from the control shaft but parallel to its axis, said

abutments being adapted to seat upon a panel and

thereby position the control shaft of the component at

a definite distance from the panel;

[2] terminals for the component projecting therefrom

substantially perpendicularly to and beyond said

plane of the panel engaging surfaces of said

abutments whereby said terminals are adapted to

enter holes in a panel upon which the abutments seat;

and

[3] snap-in ~~ on the supporting means projecting

therefrom beyond the plane of the panel engaging

surfaces of the abutments to have detent like engage-

ment in holes in a panel upon which the abutments

seat, and thereby coact with said abutments to hold

the component on the panel with its control shaft and

terminals properly positioned with respect to the pan-

el.”

C-6

defendants’ PT 15 LB. As will become apparent, cor-

responding elements perform the same function(s) in the

same way.

The unique contribution of ‘027 is an improved struc-

ture for mounting components on a printed circuit board

or panel. It permits temporary mounting, in proper posi-

tion, until the control can be permanently soldered. The

mounting structure on defendants’ Model PT 15 LB con-

trol achieves the same results with essentially the same

structure. As in ‘027, the control shaft on Model PT 15

LB is adapted for positioning with its axis parallel to a

printed circuit panel. Also, the Model PT 15 LB has

“supporting means” with panel engaging abutments for

accurately positioning the control and limiting the

penetration of the terminals. It has “snap-in” fingers to

provide detent like engagement with the panel.

In the patented structure, the snap-in fingers, formed

on the supporting means, also serve as terminals

providing connection to the ground conductor portion of

the printed circuit panel. In the Model PT 15 LB, the

snap-in fingers are formed on the ends of the terminals,

one of which is normally a ground terminal joined to a

ground conductor on the printed circuit panel. The

difference between the devices is that on defendants’ PT

15 LB the snap-in fingers are formed directly on each

terminal of the variable resistor control, whereas in the

patented structure, the snap-in fingers are formed on

the supporting means. Defendants’ device combines the

snap-in fingers and terminals, eliminating the need for

the supporting legs found on plaintiff's device. This

difference is not legally significant. The accused device

achieves substantially the same result in substantially

the same way as the patented device. King-Seeley Ther-

mos Co., supra. More narrowly put, infringement is not

avoided by combining functions into one part where

separate parts in the patented device performed the

functions now combined. Zysset v. Popeil Brothers, Inc.,

276 F.2d 354 (7th Cir. 1960). Even acknowledging the

difference, claim 5 reads in term and substance upon

defendants’ structure. For example, the snap-in fingers

enemas ne erga ee

C-7

on defendants’ P’T 15 LB controls provide detent like

engagement with the panel, thereby positioning the con-

trol on the panel until permanent soldering is complete.

Defendants sold the accused device in the United States

after issuance of the patent and notification of infringe-

ment. The court finds, therefore, that plaintiff has prov-

ed infringement of claim 5 of ‘027.

B. Validity

Defendants nevertheless claim that ‘027 is invalid un-

der 35 U.S.C. § 103. The burden rests on them to over-

come, by clear and convincing evidence, the statutory

presumption of validity. 35 U.S.C. § 282; Mumm v.

Decker & Sons, 301 U.S. 168, 171 (1937); Ortman v.

Maass, 391 F.2d 677, 681 (7th cir. 1968). A patent is

valid if the differences between the prior art and the

claimed subject matter are such that the subject matter

as a whole would not have been obvious to a person hav-

ing ordinary skill in the art to which the subject matter

pertains at the time when the invention was made. 35

U.S.C. § 108, Graham v. John Deere Co., 383 U.S. 1, 17

(1966).

To support its counterclaim for declaratory judgment

of invalidity under § 103, defendant offered testimony of

a patent lawyer, four reference patents and the prior art

listed by the Patent Office. This evidence does not sus-

tain the heavy burden of proof imposed on the defen-

dants by 35 U.S.C. 282.

First, the conclusion of defendants’ witness, a patent

lawyer, that ‘027 was obvious in light of the prior art is

entitled to no weight. Disqualified at the trial, the

witness lacked qualifications as an expert on electronics

components, his technical education being limited to one

or two basic mathematics and drafting courses.

Moreover, defendants did not comply with Rule

26(e1b), Federal Rules of Civil Procedure, requesting

them to supply the substance and subject matter of this

witness’ testimony in response to plaintiffs in-

terrogatories. Even if admitted, the offer would have

C-8

substantive defects. For example, the witness’ conclusion

made no reference to the subject matter as a whole, ob-

viousness to a person of ordinary skill in the art, and the

time of invention, all important elements of 35 U.S.C.

§ 103, the basis of the counterclaim. In 1968, the Court

of Appeals for the Seventh Circuit noted its reluctance

to rely on “. . . the sole testimony in this regard...

provided by a patent lawyer who admittedly was not an

expert ...” National Dairy Products Corporation v.

Borden Company, 394 F.2d 887, 890 (7th Cir., 1968).

It was, on the other hand, the opinion of plaintiff's ex-

pert that the subject matter claimed in ‘027 patent

would not have been obvious to a person of ordinary skill

in the art at the time when the respective inventions

were made. See Thexton Manufacturing Company v.

Soland, 39 USPQ 104, 107 (Minn. 1938).

Three of the four reference patents cited by defendant

were not admitted.2 The one reference admitted,

O'Callaghan, United States Letters Patent No. 2,169,708

relates to a structure for mounting a coil shield upon a

metal chassis, not an insulating board generally used

with printed circuits. Plaintiff's expert testified that the

2 Lazzery et al., United States No. 2,742,627; Del Camp

ry States No. 2,790,961; Hathorn United States No. 2,-

9 J.

The ground for the objection was that each of the patents

was issued after ‘027 was filed. Additionally, no foundation

was laid. Plaintiff's counsel offered to withdraw the objection

if, pywee to filing post trial memoranda, defendants’ counsel

could offer assurance that the applications for the patents

were not substantially changed during their prosecution.

oes ee for plaintiff has indicated no such assurance has been

received.

Moreover, none of these rejected patents relates to variable

resistor controls, and none is directed to accurate temporary

positioning of the control shaft. None shows abutments on sup-

porting means the pur of which is to engage the panel to

enable positioning of the control shaft. None shows an elec-

tronic circuit component having a rotatable control shaft.

None of the references shows certain elements of claim 5 (see

footnote 3, infra).

se ee -

C-9

“shoulders” on O’Callaghan, which perform the detent

like holding function, are “radically different” from the

abutments of ‘027. Moreover, O’Callaghan is not directed

to accurate temporary positioning of the control shaft. It

does not show abutments on supporting means the pur-

pose of which is to engage the panel to enable position-

ing of the control shaft.

No evidence shows that the prior art patents listed by

the Patent Office anticipated claim 5 of ‘027. Each fails

to show several elements of claim 5.°.

IV. Patent No. 3,518,604 ('604)

A. Infringement

United States Letters patent No. 3,618,604 issued in

the names of Thomas R. Beaver and John D. Van

Benthuysen on June 30, 1970 for “Electrical Component”

on an application filed February 12, 1968. CTS holds all

rights in the ‘604 patent. Plaintiff marked the ‘604 pa-

tent number on either conta‘*»ers or inserts. The plain-

tiff alleges infringement of ‘vv4 under 35 U.S.C. § 271.

The question presented is thus whether defendants’ PT

15 device embodies the ‘604 patent and whether it was

“made, used or sold” in the United States. Additionally,

gi counterclaim for declaratory judgment of in-

validity.

3 The elements are (1) “panel engaging abutments with sur-

faces thereon lying in a common plane spaced from the con-

trol shaft but parallel to its axis, said abutments bein

adapted to seat upon a panel and thereby position the contro

shaft of the component a definite distance from the pan-

el.” (2) terminals projecting “substantially perpendicular to

and beyond said plane of the panel en ng surfaces of said

abutments whereby said terminals are adapted to enter holes

in a panel on which the abutments seat.” and (3) snapping

fingers projecting “beyond the plane of the panel engaging

surfaces of the abutments to have detent like engagement in

holes in a panel upon which the abutments seat, and thereby

coact with said abutments to hold the component on the panel

with its control shaft and terminals properly positioned with

respect to the panel.”

C-10

The PT 15 LB was sold by the defendant in the

United States after June 30, 1970, the date the ‘604 pat-

ent issued. The invention represented by ‘604 achieved

an efficient, relatively inexpensive variable resistor con-

trol. Essentially, the invention is comprised of a housing

with closure member forming the housing wall. An

aperture extends through one wall on the housing to ac-

commodate a barrel portion of the driver. CTS markets

the ‘604 invention as its Model 360 Series Control.

Every element in Claims 1, 5, 7, 8, and 10 of the 604

patent reads upon a corresponding element of defen-

dant’s Model PT 15 LB control. Graver Tank v. Linde

Air Products Company, supra. The elements in the PT

15 LB achieved the same results as corresponding

elements in the ‘604 invention. See King-Seeley Thermos

Company v. Tastee-Freez Industries, Incorporated,

supra. The PT controls include, for example, a housing

on one end which is a metal closure forming a wall of

the housing. Also an aperture for accommodating the

barrel portion of the driver appears in the end of the

closure member. The barrel portion protruding beyond

the aperture is flared outward, forming, together with

the housing, a seal against dust. The driver is composed

of heat deformable material.

The defendant offered, to rebut plaintiff's claim of in-

fringement as to ‘604, the testimony of the patent

lawyer, Mr. Lucas. As noted above, the Court dis-

qualified Mr. Lucas beeause of insufficient qualifications

aS an expert on electronic components. National

Dairy Products Corporation v. Borden & Company,

supra. Even if received, the testimony of Mr. Lucas

would not have been persuasive as to infringement of

‘604. During an offer of proof, Lucas stated that it was

his opinion that the claims of the ‘604 patent are not in-

fringed by an electrical component with a shaft secured

in one wall of the housing by a flange formed from the

shaft, if the flange abuts at right angles from the axis of

the shaft. Regardless of whether the flange is perpen-

dicular to the axis or tapered at less than 90 degrees, it

performs the same function in the same way.

en

C-11

B. Validity

Defendants seek declaratory judgment of invalidity as

to the ‘604 patent, alleging that the patent fails to com-

ply with 35 U.S.C. § 103. It bears repeating that defen-

dants must show that the differences between the prior

art and the claimed subject matter are such that the

subject matter as a whole would not have been obvious

to a person having ordinary skill in the art at the time

the invention was made. 35 US.C. § 103, Graham v. John

Deere Co., 383 U.S. 1, 17 (1966). Defendants have not

met their heavy burden of proof. 35 U.S.C. § 282; Mumm

v. Decker & Sons, supra., Ortman v. Maass, supra.

Plaintiff's expert testified unequivocally that the sub-

ject matter would not have been obvious to a person of

ordinary skill in the art at the time the invention was

made. In contrast, defendants, through offer of proof,

offered the testimony of the patent lawyer disqualified

by the court for reasons noted earlier.‘

Although defendants attempted to show that another

form of plaintiff's Model 201 Series controls using a

hollow shaft with a deformed end portion was prior art

to the ‘604 patent, they failed to establish, by clear and

convincing evidence, the dates of first sale or public use

of this device. There are no available records or

testimony showing any sales or public use, as dis-

tinguished from date coding, of the CTS Model 201

Series controls having a hollow shaft prior to February

12, 1967 (more than one year prior to the application for

the ‘604 patent). See, Julian v. Driving Systems Co., 346

F.2d 336 (7th Cir. 1965).

‘ See text at 10-11. Even if the testimony had been ad-

mitted, it would not have been persuasive. The witness mis-

stated contents of claim 1 of ‘604. Also, he contradicted the

dictionary definition, cited by him, of the important term

“flared bearing.”

5 The date coding applicable to plaintiffs devices shows only

the approximate date of the stamping or making of a par-

ticular part. It does not indicate the assembly date of the com-

plete component. The date coding does not the sale date

(Footxote continued on foiiowing page)

C-12

Defendants relied principally on the references listed

by the Patent Office at the end of the ‘604 patent, and

the ‘478 patent. The plaintiff's expert clarified the

differences between the subject matter of Claims 1, 5, 7,

8, and 10 of the ‘604 and the prior art cited which fails

to show a variable resistor control with a driver

equipped with a barrel protruding through an aperture

in the wall of an enclosed housing, the protruding por-

tion of which is deformed into a bearing that seals the

housing to exclude dust.

Moreover, because the ‘478 patent discloses fewer of

the claimed elements, it is less pertinent than the Patent

Office references.

Admittedly, the prior art relied upon by defendants

includes a flared bearing or deformed portion. The pur-

pose of the flared bearing in the prior art, however, was

holding parts together, not providing a dust-excluding

seal for an enclosed housing. At the time ‘604 issued,

deformed portions or flared bearings for holding parts

were old and well-known. Moreover, plaintiff's expert

testified that the prior art cited does not anticipate or

fully meet the subject matter of any of claims 1, 5, 7, 8,

or 10 of the ‘604. Even during their offer of proof, defen-

dants offered no evidence tending to show that any of

~ references anticipated the subject matter of these

claims.

> Continued

of the “ey or the date of placement ‘n public use.

e

Moreover, the component may never be sold or used or may

be sold or used more than a year following the date.

Defendants’ reliance on plaintiff's answer to defendants In-

erreqatery 60 to establish date of sale or public use is mis-

placed. That set of interrogatories related to antitrust issues

no ionger in the case, not sales of hollow shaft controis.

C-13

V. Patent No. 3,670,285 ('285)

The remaining questions focus on defendants’

counterclaim for declaratory judgment of invalidity of

plaintiffs United States Letters Patent No. 3,670,285.

The counterclaim is brought under 35 U.S.C. §§ 101,

102(b) and (c) and 112.

Defendants assert that ‘285 lacks utility and therefore

validity under 35 U.S.C. § 101. ‘285 was developed with

the intent of producing a resistor that could be manufac-

tured less expensively than other CTS resistors. While

the court acknowledges evidence indicating that some of

the models produ did not perform satisfactorily on

certain “gradient” tests, defendants have not met the

heavy burden of proof required to establish lack of utili-

ty. For a patent to be “useful” under § 101, it need not

be perfect for commercial use. Field v. Knowles, 183

F.2d 593 (C.C.P.A. 1950). Mr. Barden, vice president of

CTS in charge of engineering and development, testified

that samples of ‘285 were commercially satisfactory as a

variable resistor control. Moreover, an original model

functioned properly, with test results confirming this

result on subsequent occasions.

Defendants have also failed to sustain the burden of

proving invalidity under 35 U.S.C. § 112. That section

provides in part:

“The specification shall contain a written descrip-

tion of the invention, and of the manner and process

of making and using it, in such full, clear, concise

and exact terms as to enable any person skilled in.

the art to which it pertains, or with which it is most

nearly connected, to make and use the same.. .”

The court has not had the benefit of expert testimony

as to whether the specifications satisfy Section 112. See

Lorenz v. General Steel Products Company, Inc.. 337

F.2d 726 (5th Cir. 1964). Defendants’ reliance upon the

failure of some of the samples is, without more, inade-

quate to permit the court to find the specifications defec-

C-14

tive under the statute. See Williams v. Administrator of

National Aeronautics and Space Administration, 463

F.2d 1391 (C.C.P.A. 1972).

Defendants also contend that the Piher PT 15 variable

resistor was on sale or sold in the United States more

than a year prior to the filing date of the application for

the ‘285 patent, March 16, 1970, and therefore invalid

under 35 U.S.C. § 102(b). Under § 102(b), a person is en-

titled to a patent unless the invention was “. . . in public

use or on sale in this country more than one year prior

to date of the application for patent in the United

States.” The standard required for proof that the inven-

tion of ‘285 was in public use or placed “on sale” prior to

application is “clear and convincing” evidence. Julian v.

Drying Systems Co., 346 F.2d 336, 338 (7th Cir. 1965).

While it is settled that a consummated sale is un-

nec , and the placing “on sale” only is required,

Burke Electric Co. v. Independent Pneumatic Tool Co.,

234 F. 93 (2nd Cir., 1916), Wende v. Horine, 225 F.501

(7th Cir., 1915), it is also established that a device must

have existed as a finished article for sale, on hand ready

for delivery. Burke, supra; Conn. Paper Products, Inc. v.

N.Y. Paper Co., 39 F. Supp. 127 (Md.), modified on

other grounds, 127 F.2d 423, (4th Cir. 1942). The device

must be “on sale” in this country. 35 U.S.C. § 102(b).

The evidence shows that Piher received part (plastic

housing) of a proposed PT variable resistor in October,

1968. Merely a part of a device is insufficient predicate

for a finding of “on sale.” Part of a device cannot an-

ticipate a patent, or be ready for delivery, even assum-

ing offers for sale. See, Reo Motor Car Co. v. Gear Grin-

ding Machine Co., 42 F.2d 965 (6th Cir. 1930). No com-

plete samples were available in the United States until

March 25, 1969, less than a year prior to the application

date. Moreover, defendants’ witness, Ricardo Balil,

former president of Piher, admitted that samples sent to

Motorola as late as July, 1969, although complete, were

unsatisfactory.

C-15

Defendants’ evidence does show some sales activity

more than a year prior to the application date. For ex-

ample, Balil testified to quoting prices to prospective

customers beginning in January, 1969. There is evidence

that a sample was ordered March 3, 1969, and sent from

Spain thereafter. On balance, however, and with defen-

dants heavy burden of proof in mind, the court must

find that defendants have failed to prove invalidity un-

der § 102(b). There is no clear and convincing evidence

of an anticipating device that was complete and ready

for delivery within the statutory period.

Finally, defendants contend under 35 U.S.C. 102(c)

that plaintiff abandoned ‘285. Section 102(c) provides

that a person shall be entitled to a patent unless he has

“abandoned the invention.” In theory, an inventor aban-

dons an invention when he has dedicated his invention to

the public. See, 2 Deller’s Walker on Patents § 128 (2d

ed. 1964). “No abandonment of an invention after the

issue of Letters Patent has ever been judicially decided

to exist in the United States.” Id. § 151. Failure com-

mercially to exploit an invention of the ’ 285 patent does

not establish abandonment. Jmperial Brass Mfg. Co. v.

Bonney Forge & Tool Works, 38 F. Supp. 829 (E.D. Pa.

1941).

Applying these principles, the court finds that defen-

dants have not proved abandonment either prior to or

after ‘285 issued. It is true that CTS has yet to bring

‘285 into production. However, the device had been

“reduced to practice” in May, 1968 and again in

January, 1969. See Dart Industries, Inc. v. E. I. DuPont

De Nemours and Co., 489 F.2d 1359, 1365 (7th Cir.

1973), quoting 24 Stan. L. Rev. 730, 743 (1972) (invention

reduced to practice when there is a “completely operable

physical embodiment”). Delay in filing application after

reduction to practice (not more than two years in the in-

stant case) does not constitute abandonment. Lowell v.

Peer, 148 F.2d 212, 213-214 (CCPA, 1945) (over 4 years).

Without more, the court cannot conclude that CTS’

failure to exploit commercially ‘285 amounts to a dedica-

tion of the device to the public.

DATED: September 25, 1974

D-1

APPENDIX “D”

T R. BEAVER ETAL

ELECTRICAL COMPONENT

Filed Feb. 12, 1968

June 30, 1970 3,518,604

D-2

United States Patent Office 151860

Patented June 30, 1970

Be04

ELEC TREK AE COMPONENT

Thoms: 8. Reaver sed Jobe 1). Van Keathuswr, $b art.

ied. euiguers te ( TS Corporstion, Elimart. ind. 4

Filed Feb. 12, 1968, Ser. No. 704.843

lat. CL MOte vv.

tS CO 338—166 2 ( baiens

ABSTRACT OF TIE Disc tors RE

Barrel pornon of a control operating meams is rel tally

wpported @ an aperture formed wa « wall of «4 compe

houwng Flared porta of barre! extends ancund pe-

of the aperture to pros nde Sndeng bearing surface

dust eal Rady pornon of operating

lumety the degree of insertion of Parte! penton on

Bave shutting surfaces formed in the hows-

it

a wall of the howwng comperte to pic nely

base relatwe to the howure Phe standoff. on

and dando, on the bose operse to spare

from a mewntng beard fermen stems

ed in the hase may inhale crap in merunung means

facinating mowntine of the Component on 4 cucu

. Cementitions mitenal my he wed to improve

‘eal between the have and the hewung of the control

se

invention

The Prevent invention relates to clectrial components

and. more purinularly. to clectinal Components wherem

a UPPOTNe member retatably supperts a movable con

trol operating means in spaced telutomhe to a base

membcr

In many apotic ations of clotecal Components. tn ex

Memely wvportant that th Compencats re provaded with

Means for preventing dunt of other foregn matter from

entering the compuncat Often the component nm made

Sartatle -o thot the mpedane of the compuncat may be

father prey, ely ond ncweatcly abasted ft is desitabh

f mn nevevaty. that the Conteal eq erstingy mes teed to

* Compl: Dy sen hy wlpte stern bec epee edd mnt eng the

Het oe belong wtepety of th ooompenent, he cs aly aml

Peitively cog ipeuble mm unmolly ot by a teal, amd he cap

rhle of ont a om sttap of the component

are on aye treat hos bec mete

Weretetene, on 7) component. havc mmeorpenatert a

hvlent « shag meminr, seh as a roubher © ene. com

Brewed betwcen the counted opetotng means and hows

Os ems fon oe ahong the component apaist dust amd for

Prvnhne whey fotetenal torque, ce. abequate friv- 5

Wevtl ices Lame te chamges we the setting of the compe

Met be ote pectin. ewer. the use of sch a com-

Mewd i net member offen has net piealaved sates

factory oe alts tee seene ot the temlemy of the compressed

eM e tee wend ee al osoment of the component

ad sites pane alpetment hus been attained. the

(Ade Ot the Comprcsscd member to unwind of “sprine-

Mek” and alter the sdpstment of the component. in

EPO AeA wong Compressed resiix at membors

Rave often heen less than Sitrtactory Because the com-

Mewed member. have esther bowt thew resthemey or other:

“ne Reome uncompressed with the result that the rota-

feted torque charactermtc of the component hus heen

Changed and the dust exchlng soterrity of the Compo-

fem has heen comprcmred In many of the components 7

comprescd reshent menihess tt has ale Peon

AReery to permet the control Upersting Meany te have

integral «uh the bowing. and stondufls -

is made to the clams for a legal dexription :

tee decrees of freedom of movement bor exumple. the

contre! operating means has been fre te rotate im order

te tpt the component and bis heen free te mone in an

ob dteshen te compress the revwhent member Thi

fuctom te mose on an anal direction hus been found

be case some difficulty om preceely adpmtng a compo-

moat Peeune the control operating means has sometimes

mreeed aval) am the houswog when hemg drcreared by

© wists tow Phe menement after attarnnent of a

, Ther Pf ne sefeng of the Componeet can hace the wa

dev ehte fete alienme sah sctung

Sc corntongh. & wont be desaanle to provele an om-

rood clevtrnal component where a mosoble control

epg meats es rotetaPhly sepported by the Component

Pre ioserng te present dust frets cotenng the howang where

the conteol operating m ams ws cols and porutvely en-

grccamMe for adyostment thereof, wherem the movable

control om coteng mesons. inherently tends to mamta set-

tones of the component after precise adjustments thereof.

ub where the contral operating meuns is povdively re-

~romd from monung axtally wethen the component. it

well Be onde rstued. of course. that clectucal components

havwe the oforementwoacd und following devwrabdle fea-

teres showht be adapted for autemated awembly techni-

gues and should be ot least as ccongnrical to monufacture

a the compe eet. ond beretefone

ht she would be dese able to prove an mmproved clec-

thot component where 9 the control howwng « provided

with base abetteng surfaces for spaceng the boxe of the

compencet a predetermpuned dietome from the control

Op rating means and «lorem the houwng is provided with

one or more Manges sw aced around the base to hold the

bive acest the bic abutting safes so as to prevent

ies ef dust inte: the howung arownd the Pave,

Many chvtrial Components ate trequently provuded

with bt eomtons adupted to be pluceed into sahkets on

cuctt bends Accotduely at ale would Ke desu able to

provate on chettaal component wah terminations having

. seep mounting means that Lichtute mounting of the

z

s

Compouncnt on a cuit board Yet another desiable fea-

the wotld he to provide means on the housing and ‘or

boxe for positively spacing the component from a circuit

Ienotel to facebtate Mesteng ond leaning hemmecn the com-

> pement ond corcuet benerd Sth speccting aber wenthl ag-

comptes the dhwtable seselt of cm omtaging comwes tem

corrent. betwoen the bead and the component fet died

pote heat generated dunng operation of the componcat

Acconbegh. an elect af the prescat inv ution is te

prownde c new and mmproved electra ol compeoncat having

the santos desiable features set forth wheve Another

ohyet af the present uvention ete provide an clectrig al

Componcat partuliualy adapted few automated as caibly

tec haignes wherein the Komponent hay a tedined number

of puts thereby to perout increed econamics in the

minotactue of sah component Stull another object of

the preocnt invention \ te provide a new and improved

clectical Component wherein a movable control operating

moans prevents dust from entering the component. mam-

Lams a predetermined rotational torque during the hfe of

the Component, and is capable of being moved to effect

a prixe adjestment of the component while exhibiting

an wherent tendemy to maintain such adiusiment. A fur-

ther otect af the present invention is to provule an easily

and readily engageable movable control operating means

whah, when asembled with a component housing, is

rotstable relative to the housing with a predetermined

rotabonal torque and which is restramed from moving m

an axial direction relutwe to the component. A still fur-

ther obect of the prevent invention is to provide an im-

preed clectncsl component ehercin means precisely

space the hase of the Component from the control oper-

D-3

SiS wl

3

eh ben ans and meons bedkd the ba mn aewemiled ala

hem te the compencet sa onder ty prevent the ingtess of

du t ote the (oom tot stowed the Paxe A fnee SS

fx of po tiod che mvcetem & to provede an improved cles

thal Ceeepenent one. wap an AeounAg means and

means for pesitieely spocome the Component from a cir

cut Rood euh wha the component is to be ultunately

use

These obyects ore accomplened in a vordame eith onc

form of the pre-cat rn-cation by prosnting an aperture in

one wall of the Roawwng of «a satiable fesetone contrel

amd oscmbhing a mosaic contiel opersting mean, wath

wah how ang by mcttime a barrel poten of the conte

operat, means through the apertere In onder to secure

the oper tine Means to the hewune and form a sal there

euah « rete of the OF falMy fa ahs flares ered ene thy

athe tee poop hae et te aperture and fone 4 seater

Dae fat conten woth a bearing sotface of the Pease

wheke pester eathdrae al ef the bared from the oper

ture A tealy porbon ot the opetotng means onte ctl wath

the boreel porten. bets the deone of marten of the

baricl re toa mm the opertme Prodoteraunet spame ot

the Pose from th Comtral ome atene meus 8 athened bs

fee mene 6 base abutiene serface or houhder internally of

the Poe wng S contractor, comtrenmed to rotate aah the

Loft! optatne Means me @edced Pelwcen the ope: ating

mean amt oe base the latter tee clement hone beld

om fixed pec temic spe tal cof teen hap by te fue ene

facmobuned Phe beat petite of the Cantal apes

shee teens Can epteemally be de peri apsede ot ontsut

th. bene one Ute flacd Peeters of the Comte om rating

mean formes 4 cust «od walt the henneng. maintain 4 te

wet foxteem ed reastence te tetutam of the oper atne

moons pre des a ceed Roane orf while a tinge

i thet boeme ond father proved. «a ponte for the

mation eft an ode tg teal when the Peat portion of

th: ogee tere means o bepersc fd enternally of the Peni

In onder te space the stumble resmstame control from a

hoarston wha d the Camtral 6s ao be mounted. «andolly sce

formed ontegral wath the Rave and the howene and m 4

preferred crotxahment the stondedt. fimo on the Rews-

me provide adderall means for per mnenime the base tels

tee te the Powune Lermunals anchored m the buve ate

cunne. ted to tewtence mewn and collect means sap

forced of the base Lo Cacihtate mounnng of the contre

on avuved Poard the tccmumalk may be formed to pro

sede S82 en moony Means

The subyest Matter whe we regard as our imvenuon

ws set forth on the appended clause The invention nell,

hoecser together eth further obyts and advantages *

tere ft may be Petier understuad Dy referring te the fol

hosing des pteems taken im conmectien with the accom

Panvene crestly enlarged drawings

i) bean nomen wee of 4 mimoture variable re-

vetance vootrol embedsing Our mention FIG 2 w a

vhonad sew of the vanamMe revstame control of 1M.

1 ti, Ye an enlarged view of «6 porto of Tit, 2

Pie os am exploded wee of the saree resmstunce con

tel of Pie teem puts roken anus. and the haw fo

tate Tau" to shew the fewstunce path FIG © an no

ttn sece cf meeeuhbe contnel operatne mean ued

mithc omhelof ii. | ant bi. © «= an mometrn saw

of «4 anneotute + athabhle fesmtame comtrad hiving “wap

terminal means and emhodken’ our mvcntion

Kefertng pow more Pattelath to the diaemg.. a

votteble fevetome (onal cmbalbing one form of the

wscatem a. gemcralh) atontfad by Me cefereme numeral

8 As best howe en DIGS © nd 2 the comtred 10 Com

fees 4 dust culations howung 1 a rotatably supported

conttied Op rte ms on th form of a deince 02. a 7

frees abt otto 08nd met te petate wath the shaves

O23 ty the wet tte ef sat hel oem sah as the

' . 84 a the cheevee) aed cert FO om the con

tate wef a tee a ceteity OF Wah totercme to P 10%

2 thee eh S at well ie soon in tthe dimer 12 compones o

Peety prertece DB ett tee a step cb eet 09 om cere ide

eth a sietaty stop BE fteree f ne the Rowen. ond on

tertoet ol. deedtn al pestamon boat 22 eaten Wrereedhy

the a,cetoe TB bee ee A. hot te en am tie, Mi

4 destal portnied the Paccet as Mate d cnta stl cet the

extern Pada of the aperture 24 te form a flored army

24 ch peed om tas face of the Romine and to form

a cee t eastadne soul acount the poophery of the apes.

ture 23 fy hebdeng the dint 02 femly apaint one site

ef the Inemeng. to. the cmd 36 of the shat 27 iwe Fis

Yad?) whole th bea te 246s here formed acaeng on

opp ce cate af the hea the deer me teeth oo .q)

Bho woth the Rowame 88 ent omy tendemes bor aunt Dune

mnt of the Bartel 22a the ap cetuve BR ts steht aniaity

chorecated by the «chen ef the pon of oppowd bees mgy

24. 28 we est epg ob wha os of the how ane

\itheweh the boreel 22 i fated at the det Por hog

thercot ao owill Re captesdy weehootood that aon only

mecowty that oppescd beating uihaces eiteytal woth the

» dren coat wath Coon ponding oppused b are Shas,

catned by the hows Thos. the het 23 on wall of tie

apehere te fee a COIS CO Cela PHONE bored

here te proside « Pan of state sebtentiodh op

pened beatin: wattaes cated by the hanewne ond th.

bareed mes have 4 Dero rorten. on the form of a b wing

fing. coating with the Reotiee i the hewune Ht wall he

aprtectited that ohon the tienars beanies wom the

form ot a come eg betwee the ame: de nee sutface ot

the apeitured wall the Maret be came nme on the haere

mee) Be teamed oth tee tthe af the chaser ond ibe

“Hopped mie plice m the states oy Beane Altermenel.

ase ef the descend heeune may be wconph deed

by bebbog the bareel on poston on the aperture and heat

searme ot othorw ine deformine 4 perpheral Potion of

the Parel to tem oo fled hearme coating with the

Mateos be arene totmed en the Rosny

Neos haveng tfetome ome acum to the embodiment

ef PUGS 2 at tot wall be opprestated that the Nased

Porton of the bart 12 is char wterired by wrvetal devi

able uperatmal chataterintes More speccficully, the

wut settace 29 of the Mured perten 31 form. a dua

exhohng seal with the hows, proves an efnular

hearmg 24 for retain of the drwer 12 relative wo the

howwne 18. creates frational revtame io rotsvon of

the dimer 12 by teawn of the franon bee cen hea ing

24 and the housing. and provuics a velf scmMeniOg gual:

was for a aot sown control sdhusting taol when such tool

ment are attamatle by reason of \ariows structural inter-

telavenships between the driver 12 and tne housing It

bor cxample, the owter diameter of the barrel 22 is

preferably selected relatiwe to the inner diameter of the

wirtise 33 of the skirt 27 Ww peraut comparatively free

Totvon Retwcen the driver am! housing shite subse

trolly preventing movement of the driver radially wa

respect to the aperture Adequate frictional rewsance ®

FoLatwon ny accomplished by eviabiinhine, during avembly.

a pred termaned presuwie of engarement hetween the hear:

ime 24 amd @ heaving surface Mon the housing Since

the pressure of eneagement may vary. a. a function of

among other things. the angle of inclination of the flared

~witwe 29 relate to the aw of rotavon of the diner

13. the xctual mmterface area hetwcen the bearing wriat

34 ant Rearime 24. and the materials ued im making the

diver and howung the Optimum prevure of engacemest

Ws Rest dotermunet empurcatly atier specifi materiah aw

seometrnal comheuratoms have been selected for mm

driver amd howe Ry selecting a desirable pressure of

Pevephery ct thee agertiene 204 dhe sratbe dese es, bahar

seal ies att enoed He wall ate ct comme Ie appees cotest tel

© the aportened wall of the Rowse Eb is teetthy sede n

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a cementitious material slong the shoulders formed

the have abutting surface 49 of the housing prior to

assembly of the base with the howwng further improves

the dust excluding cha: acterstics of component, embody -

™ our invention. Cementitious materials witahe for

thy purpene inchute well known vilicone adhesives which

femam in a soft of semcured Mate

za

the flap $6 v0 that after formation of the hearing 28 and

defwmation of the flip $6 around the periphery of the

~Petture 23. the flap may lie above the relieved area as

shown im the drawing, or actually be depressed into the

rehe ved arco. depending on what pressure of engagement

Teltne postion of the driver and houwswng as viewed for

fsample om EMG 2 is veversed. the flap may he formed

sy the suk SBy of the wall $8 as shown or along

#d the barrel 22 is Mared around the periphery of the

Srerture 23 against the internal surface $84 of the houung

With this alternative arrangement, the periphery of the

arr

hody pornon 18 may he knurled or otherwine contoured

adjustment thereof

AS ell be best appreciated from an iaspection of FIG.

1b

2

”

ate with the standuff, $9 fenmed on the base and space the

control from a net shown mewntung panel of cucit

board Such spacing is often required im onder te insure

that flus or solder 68 uppled te the terminal puns 46-48

during automatn soldering operations all net Contact a

Major portion of the Control tn adkliten. such spacing will

teadily permut flushing between the terminal pins after

the control 10 1s mownted on a crc board and will ale

permit the movement of Come teve a current. between

the .ontrol oad the board Sow having refereme te BIG.

6 it will be wen that Contred 6F Mlustrwved theron 6 gen.

erally wmlar te the Coote! of BG 1 However, the ter-

ounal pins 62-64 hare been proveled with rawaidly and

outwardly diverging cam segments te provide snap in

mounting means With this artangement, the component

can be readily and cavily snapped into place on a not

shown printed circuit board with the standoffs 66 7@ spac-

ing the control 69 from the boord

When the control Hlustrated in BIG 1 was actual con-

structed, the base 39 was formed of high alumina t aving

@ thickness after firing of about 0.090 of an unch, « width

of about 0.190 of an inh. and a depth of about 0.375

of an inch. the termunal puny 46 Secte formed from tin

coated, half hard 018 of an inch diometer copper wire

and the comlactive center collecter 42 was applied to the

base The resistame path was «icened onto the boe

and comusted of a conmet rowtame motel The paddle

78 of Lontater 13 was titted with a carbon comtuct bat

ton 720 The padkile 78 was formed from the body of the

contacter EV as dlustisted and the diver and housing

vere molded from a thormeplitin material During as-

sembly, the fared desing 24 was formed by heat swug-

mg as were the flanges $Ou Slu and the contacter was

wedged betucen the driver 12 and bise assembly 17 with

the paddles 71, 73 resilently engaging the resistance means

41 and collector 42, respectively. While we have shown,

as an embatiment of cur invention, a control having a

generally rectangular configurotion. a will be capresstly

understad that generally cylindenal control with the

termuinol proyecting fiom the side or the base thereof

can, with equal facilay crbody the present invention.

In view of the foregoing. it will be appreciated that we

have provided an improved electraal Contral having um-

proved contral operating means and having wumproved

* base and homung structural interrelaionships. More spe-

tibcally, the improved control operating means maintains

adequate rotational torque of the Control, is not shiftable

axially relative to the housing. and exhibts ne tendency

to inherently change the control setting after adjustments

thereto.

While there has been illustrated and dewribed what is

at present considered to be a preferred embodiment of

the present invention, it will be appreciated that numerous

changes and modifications are likely to occur to those

skilled in the art, and it i, intended in the appended claims

to cover all those chanacs and modifications which fall

within the truc spirit and scope of the prevent invention.

What we claim as new and desire to secure by | ctters

Patent of the United States is:

1. A variable resistance control comprising a dust ¢x-

cluding housing having « plurality of walls. a base clos-

ing the housing and forming « wall thereof, an aperture

in one of the walls, a driver supported by the how ing for

rotation relative thereto, resistance means supported with-

in the housing. and a contactor wipingly engaging the

resistance means and constrained to rotate with the

. the driver comprising a body portion and a bar-

al with the body portion, the barrel extending

through the aperture with a portion of the barre! secur-

ing the driver to the housing, said portion of the barrel

including a flared bearing extending wutwardly from the

periphery of the aperture.

2. The control of claim 1 wherein the housing com-

i

a

1, the standofls $3-5$ formed on the housing Tf cooper: 75 pres abutment means for posivomng the base relative -

D-5

3.513,004

7

tw the howsng. and at leat one wall extends across a

portion of the have, sand at least one wall having a flange

swaged over the baw to secure the hase to the howsing

3. The control of «hve 1 wherein « plurality of ter-

minals are supported ty the Base and proyect from a sur-

face theresd. said bave and howsing having a plurality of

standefly formed thereon for spacing the control from

a mounting board to be used with the control, at least one

of Une standaffs formed on the howung providing means

for perntioning the base relative to the housing.

4 The .ontrol of clam 1 wherem a collector is div-

posed within the houvng. the contactor is wedged be-

tween the driver and the base. and the contractor is pro-

vided with first and second paddies. the first paddle wip-

ingly engaging the collector, and the second paddle wip-

imely engaging the reviiance means

S$ An electrical componcat comprising a heaving hay-

ing a plurality of wolls, a base chrine the housing and

forming a wall thereuf, one of wid walls having an aper-

ture therem. a contre! operating means retatably sup-

ported on the aperturc. revitance means supported within

the howng. 2 comiator wipingly eneoping the resisiance

means aml comiruned to move upon rotaten of sd

contra) operating means the comtrel operating means

compreing a bel) portion and 4 tool receiving portn

axially abened with the aperture. sant control operatine

means further compming a fired portion extending

areund the periphery of the aperture te form a Rearine

supret for the comtrel operstine means, te farm a seul

with the Rewong. and te facta inerien of a wool im *

the fowl recenving portion

6 A varuble revitiance contre! comprivine a dust cx

chading houwng having 2 plurality of walls. a dave clovung

the houwwng and formung a wall thereof, an aperture in

one of the wall. a dower supported by the howung for

rOtaiwn relative thereto. reisiame means supported

when the howsny. and a contactor wipingly engaging the

revwsiame mean, and constrained to mune UPON rotation

Of the driver. the driver extending through the aperture

with a portion of the driver securing the driver to the

housing amd waling the howune around the penphers of

the aperture. a sealing hip integral with wand one of the

wally extending around the periphery of the aperture. sant

sealing hp beng Ucformed vutwardly from the periphery

of the aperture and being engaged hy wal driver to im

prove the veal Between the howung and the driver

7. A variable revstance control comprning a dust ex

chudeng housing having a plurality of walls, a hase cloung

the howsving and forming a «wall thereof. an aperture in

one of the wall. a dimer supported by the howung for

movement relative thereto. revstance means supported

when the howung. and 4 contactor wipengly engaging

the resistence ine ans and comstrained to Move UpOR move.

ment of sand driver. the diner extending through the aper

ture wth o fete of the driver vung the driver te

the howseng amd scahng the Rowong around the perpher)

of the aperture, sat portion om heding o fared hearing

extending atound the pernphery of the aperture

8 the .ontral of clam 7 where a sop clement is

carried by the driver and cooperates with @ Mabuniry

sop projecting from wal howung for howting Movemen

of the diuiver relive to the howung

9 A vanable reviiance contre! compriving @ dust ¢y.

excluding howiung having a plucality of wall. a haw

6 clovine the housing and forming a wall therool, an aper.

ture on one of the wally. a driver supported Dy the henunge

for rotation relative therety, reseianve MeaM supporiog

within the howsing. and a contactor wipingly engagine the

jy Teance means and comtiamed W folie with the

driver, the driver exiending throuweh the aperture with 4

portion of the drier securing the driver to the howung

and scaling the housing around the periphery of the aper

ture. a skirt formed integrally with said one of the wiih

15 #f inner surface of the shirt defining the aperture, an an.

nular track formed on a surface of said one of the wan,

around the skirt, the driver bearing against said shire, g

stop clement carried by the driver for travchne in the

annular track, and \ stationary stop disposed in sand track

ay S@orcrating wah the slop element fur linuting fot.tion of

the driver relative to the howung.

1@ An clectiical component Comprising a housing hay.

ing a plurality Of wally, @ base clowng the howong ong

fornung a wall thercef, an aperture in one of the walk

2) fevitame means supported within the howung. 4 com

tavtor diayposed within wad housing i wiping engacement

with sand rostance means. and a driver evtending through

weet aperture. send diver bem connected to sant com.

tater for empatting movement to sad COntator

oa “abl Cosetame means. a porbon of sod dever CN ending

Outward trom ihe periphery of the aperture and form.

mg a Dewing Cagaging 4 bearing surface of wail

therehy securme the diver to ths housing and waling the

how ong around the permphery of the aperture.

ry OER The elevtrnal component of claim 10 wherein

sealing hp extends around the periphery of the aperture

aml enpages sant dimer to improve the seal between the

Rousing and the driver.

12 The clevtenal component of claim 11 wherein wid

to scaling bp ns deformed outwardly from the periphery of

the aperture and muniains pressure of engagement with

the portion of the driver eciending outwardly from the

periphery

aa References ( ted

UNITED STATES PATENTS

3.237.140 «62° 1966) Barden et al. ....... 138-160

Mishler

4.387.247) «66/1988 ~Mistler ..... 338-1

= 3.196.499 = 1963) Hudson ef al. ..... 338—174X

1.197.726 «67/1965 Mulhern 2.2 338164

1.406.167 10/1968 Maguire ........ -- 338-16

S0W9.0S7) 7/1963) Cook...

D.218.503) 11/1965) Pearle .......... 176-153 X

53 LARAMIF F. ASKIN, Primary Examiner

A T GRIMEEY. Avistant t cominer

US CL KR.

Vie -184, 322

E-1

APPENDIX “E”

Feb. 22, 1966 W. A. BARDEN ETAL 3,237,140

VARIABLE RESISTANCE CONTROL

Filed May 20, 1963 2 Sheots-Sheet }

13

we ze

. cos zz

S* Ls - ama, oi ‘2

a a

VA 7/2 M14."

POS &<.

FIGURE 7.

FIGURE 4.

INVENTORS

WAYNE A. BARDEN

-#B CHARLES C. SNYDER

BY 4

ATTORNEY

E-2

Feb. 22, 1966 W. A. BARDEN ETAL 3,237,140

VARIABLE RESISTANCE CONTROL

Filed Maz 20, 1963 2 Sheets-Sheet 2

JS/

52

FIGURE 5. FIGURE 6.

= 42

~-357

INVENTORS

WAYNE A. BARDEN

CHARLES C. SNYDER

BY JoAn 9

AT TORNEY

FIGURE 8.

E-3

United States Patent Office 3,237,140

Patented Feb. 22, 1966

1

3.237.146

VARIABLE RESISTANCE CONTRO

Wapee 4. Bardens. Fibhert, and ( haries (. Sasder, (ivce-

= Ned to CTS Corporation, bibhurt. Ind.

ited 20, 1963, Ser. No. 281,005

13 (CL 338—164)

prevent invention relates to variable resistame won

trols and, mote particularly, to a variible resistume con

trol having a rotatable contact avwembly

In recent years, there hay been a tremendous meres

ie the demand for miniciure variable resistance controls

By decreawng the size of the variable resistance vontre!.

Gther character iics of the control, ¢ g., retotions! torque,

are abo affected and generally decrease, thes mcreaung

the powibility that the Control ell not mouuntan toc same

Fewsiance setting under normal opersting condition. im

tis) rotations! torque gonetally ns defined as the mcm

tangential force necessary to overcome staty fration for

fotating the shafi of the control from one fesstime wt,

ting to another Use Ty running torque is less than the

initial rotational torque. hh would be desirable, therefore.

fo prowake 2 mumature satahle fewstance control con

wderably smaller than the controls heretofore avaible

eth a high rotational torque to alter the ohm. resetume

thercof m

Generally. variahe res siome controls are provided

with a driver hiving a shalt molded thereto or fiuedly «-

cured therete in a sutatle monner bor coonemy rea-

toms, it is desituble te mold the shift to the driver but, in

& ministure variable tose tance control, the diametce of

the shaft must aot Pe ted d bosom a spoil. mane

Gimension, other wie the shaft probably will be sheared

from the diiver upon retaten of the shaft in tie port,

Meoiol shaft, have been emp'yged woh waticble we untame .

coptrets, however, by tedesenp the size ef the Control,

Git ultes tepatd fe cleotance and the strength of the

tonne tion ic amphied wien the shalt is fiwtiy cured

fo the drawer Cleatame bevomes & probhim when ad

dtwrnal spac must he provided im the beaming to pre-

vent the mewns, cp. tobe, scoming the shott te the dower

from Contacting aftfar Components on the Rewsns on the

inact vattace of the howsne Some the some ret otenal

force wall be apphed to the shalt repandicss of the redun-

hon on sive of the control, the strength ot the me uns secu

ing the shaft to the diver canmet be dectewed Ih would

be desirable, therefore. te prowide a Satiible te etame

control with a metal shalt secuted to the diner om

s&h a manner that the above mentemd problems are

Chiminated.

As typual of the majorly of vanable tevetiome con-

Hob. tons preferable that a stop means be employed with

the control to limit retanen ef the control shalt te an

amrle tess than Mot With a latge fesetence control,

4 toxtirally sound step meen. moy be prosahd on vat

ho bxahons meade ot ovtvadde of the howin, however,

3 the size of the contral decreases, proportional stop

Means become structurally weak espectilly if the stop

Means ws connecied tu the driver, and da becomes neves-

Sry that an enlarged stop mens be employed to assure

thet the sap means will not be sheared off when the con-

Wot aft is rotated thereagaint. Mt would, therefore,

tho be preferable to provide a miniature varisble resis-

tance contral employing siop means having th: same

Sructural strength as found in Larger control unis

mounting bocatwn of the variable resistance con-

rol unt determines the type of shaft necesury for oper-

Ming the contiol. th would therefore, be prefersble to

Provide a vanuble resistance control with nuns for as

Smbiying the shaft in a wmple and facile manner

Accordingly, tn an object of the present imvcation to

a

reve a new and anprened wenoble residome control

L wme the sates chosta de tle tte ot fewth shine

Amuther ol wot of the Presa Ot eee tee. ter prowvals a

nunmatue satiable tess tome conteal hive o herh fe

Hiteonal forge on Propention te Mh sore thetced

Soll another eye tet the prevent mention ns te pro-

Sale 4 Vatteble resistance comtfed woth vats types shafts

A farther oPet of the present pe vention ty to prowade

tsanable testume vonted wah woproved stop mens

A sell fosther object of the prescnt mvention i» to pro

vide a Sattable resistone control with a driver having a

casey for cn. hung the contagt osambly.

Purther objects wand adiontipes of the prevent inven-

thon will become apporect as the following description

proveeds, and the atuc. of novelty which characterize

the emvention will by peented out with particulsrty on the

shonms anne ved te and forme 6 poctof thes specification

Brelly, the satiable reowtame Control comprises a sup-

rortme: momber of mevlitine moter! having an arcuate

tesntinge him deepest on the top sunfece thereof, A

mwkded cupeshoped driver having «a contact assembly

mounted within the cavity of the driver for rotation there-

soho sopperted on the suppomine member” The sup-

pertng member and te driver contunme the contact

asscmbhy are emlosed in a hous ae. and totatauble means

encuceable from the exicnior of the housing is emploved

tor alicring the aoculur posmion of the driver and the

sentat as-cmbly with respect to the supporting member.

As the drwer is rotated, « contact button secured to the

contact assembly wipes the resistance film at any desired

pont intermediate the ends thercot. By encacing the

rerphensal bp of the copshuped diner agumst the sap

porting oxmber, sufficcent fogcen ns obtumed therebe-

tacen Thus the tesetance setuae will not change duc

to centifopal forces and the bhe, ond the employ ment of

suffvent totetonal torque is mecosaty to overcome and

alter the wapine pesstion of the contact button on the re-

setunee tl. Lermunals are clectin ally commected to the

cms of the arcuate tesstanee fim ond toa colk. ten but-

ton cmvucled by the no otame fil for electrically eon-

necting the vorable resstamke contre! inte a cucu. The

diver ws ptovated with a sample mewns for acublying

eny one of seweral Shotts therete low rotating the driver

trom the evienor of the howenag The shaft in «cured to

the driver in seach a monner that ne portion thereof pro

pets inte the cavety of the diwet contamme the contact

weembly, Any one of the vers! shafty in provided

with o Lateral eatemion, re. a stop member, for engug-

ig an inwardly catending prog tion sah os a stop pin

m the howung to luet the angular totaben of the driver

lor a better understanding of the prewat invention,

icfereme may be hal te the a ompunying drawings

whvroin the same rehrence mumerils have heen applicd

to he parts amd where

PHGURE. 1 iv an wometric wew of a variable resistance

control:

HIGURE 2 isa sectional view of the variable resistance

control of FIGURE. 1;

FIGURE 3 is an exploded view of the variable resist-

ance control of FIGURE 1;

FIGURE 4 is a sectional view of the control taken

along line 1V—IV of FIGURE: 2 assuming the control is

shown in full;

FIGURE S$ is a top plan view of a driver of the con-

trol;

FIGURE 6 is a top plana view of a shaft of the con-

trol;

FIGURE 7 is a side elevational view of the shaft of

PIGURI 6.

FIGURE Sos a front elevational view of another em-

boatum nt of a vortitde resistume control, and

|_ ST coPY AMMA

E-4

3,237,140

3

PKA BL YD iy on Reomtin wee of the shalt of a con-

tel

Welessoge teow tee the haw there be dhestinted «

votre noe tee conte gone ly tele ated at 10,

compete thee ste OD Mb etd ce cete of the Dra vteseens”

aie) Sepperiag memdar 32004 Comtat ascmbly JO. om

t driver 4 totutahty sepported on the supporting mem

her or tas 200 boa the putpes of totstung the diner

48 a alt SO operotecty commected te the driver ny on

gepeable from the catcten of Ihe hewoung.

Consdermy fast the house Eb a spectinall) com

pres a hollow cylindiicad menbor 82 having «4 vontiully

aperture’ chute wall 13 at one end theres? and open ut

the othe: end 14 tinicot Although the clowre wall 13

® ptelerably an wtegtal part of the howwng 91, a ow to

Re vadtersiood that the chose «tl ES moy Pe miceralls

of dora tadly scueed a a seetabee meaner to the bnbhoew

Shotiad member 820 The honwne 88 np mounted on

the supporting memine 30 and me tvedtty wound thereto

ma switohc manacr Pb atending through an aperture 08

of the che are wall P32 of the howone Oh the shutt $8

totuteiie extra of the howe and opeiatiwely wom-

fetid ty the dover 40 suppotiod on the howung on che

wp ites moma le

Vs bt cen ee ERG KES 2 ct 4d the diana, the

suppres mewivn JO prowehkadl wok a counter

trolly catembne prove of showktor 2 tor sapporting thy

teneong 18 In the prolerted bam of the mventium, the

house Bhs proveded wah a jomph mentary Coumtes-

entity extendas Menhher I tue EHOURE 4) cngug

wg the gromeee 20 ond thenbs he dng the suppurting

member 26 with rospy.t to the inner surface of the «lo

sure wall 13 of the hnnnang 11

As typral of mest vanoble noetome control of the

rotatible type, the top surfave 2a tec PIGURE 4) of

the supporting member 20 ws proven d with an areuste

resstunce tim 22 of carhon or cement competion

After the atuste teomtome tim 22 has been suitably

sccmed of bonded tu the bop sert.ce 2@u of the support.

ing member 20 on a monner well haown on the ott, a poe

of termunils 23a wad 2M ate w.ured tv the supporting

surfice 20 with wo sutuble hoch temperature anononduy-

tive epoxy cement. the end of ch of the termumds 24a

and 23h engaging the bottom surface of the supporting

member 20 ww piosaded wath a Literal extension 2k and

234 respectively. cash of the Lotetal extenwons having on

upeiled portion prop cung throuwch the supporlag mem-

ber 26 and commun. ding with the top surface 26u there-

of as best veen mm L1G RE 4 of the drawings When the

ternunats 2he and 25+ have been hemly secured to the

base, a conductive film such as silver paint of other sutt-

abe condmtive maternal ws oppied ente the top sarface

204 of the supporume member 20 ad) cent to the upended

Portions of the (deed ertemem 2M ond 237 to wonnest

elevtrnuily the upended pottien of eah of the termenals

te the ents of the arcuate tesmtonce fila 22

In onter toe provete meus bee Cheurully commectine

any peot miimetite th ents of the rewtunce film

22 external’) of Ue contre! §@ th. sopporune member 20

pre eaded eth a ft 24 fer cece ao onter terawn of

28, the termunal 2S as Pome bombed to the supporting

memrer Py a eons Rich to nperatur: aomondatne

cpesy coment A eater Peottom 28s novel to the

mar endo of the conned 28 and accra oonnecnd

Mreoteiee oy cho ite als weneetty Pov he fe tl 4 tat a

scomtly BO ive ce foo miler tathiote the ends of the vec

“tame flee 220 Prot aly the top sfc 2@e of th:

suppers antete 206 procad dt wat a recess 2A, the

depth et ihe tecces Leung sub Catalls equal te the tMak-

Ess oot tle cost’ ou’ ultem zs ~? & hoe Potwna the tip

sa Lace thoteet sotstentully on the some p ome as he -

wetom., fim 33 Stowcowee ys degenune the Putten 86s

mm the foes. BOF rt tae weppkerten’ member, the overall

Doe ted cot Oh . terme comteed $0 nny ~ ker

als MeN bom

o

a

“>

, 38 im the slots 444 and 444 and the apertured

4

In «ord wah the prewnt imvention, the \orpurting

moins 20 © prarkd eh amether ctcmulircnniy

sthohne stemkh 26 dogenet maa diy of the cu —

fetemiely extembay seeukter 2b fot soppertng wie eng

of the teewer 40 om the bewung HE AS wenn Ih,.

CES 2 amet oot the dh awengs, the Mewhhis 28 ay %

Of the sopporting memher 30 prowne Coal a Bi pbery!

vers along th ooter edre Mheref The diver ag of

melted Jonsittin ten in povekd with a depending

41, the ponpheral hip dhe thereof cercumpowne the shou

dey Je wt the supporting nxmiss 200 Me wall (y

steed that, on operation, the tons cactied by thy Stivers

40 ageunst Ihe supporting member 36 und the en

ot fen determune the amount of torque PEC ary By

3 Totes the driver with respect to the supporting Pm be

for aitermg the revintanye setting eof the control poy

hang the driver against the supporting member 2,

4 thrust washer 42 di posed inwle of the be.

tween the top sariace 400 of the diet 3@ onl the

wutacc of the closure wall nw employed = The theo

washer 42 aby ctlectively seals the upper porhon of the

howe HF and prevent, monture amd the like from enter.

me the her mer Potion of the howwny By altering

the tha kness of the thrust water 42, the force ©Nered

by th shaver 40 ayant the supporting member may he

var t

A we wen in DICURE 3 of the diasines, the driver

46s provided with a downs anily extending post «, ba

43 contiatly lex sied on the Potion wall of the driver

48 for supportns and centering the contact a

SO Mente specihcally, ie ootat ancmoly Je py Pro

valet wah aA apertined mweattly extending tongue uy.

the duowaw atdly catending busy 43 of the drver 4 ring

inserted im the aperture of the tongue 34 for Centering

5 the contat awomily 30 In onder to ayure that the

coniat ay mbly 38 a properly mounted in the driver

and totatable therewath, the mner portion of the Univer

40 ws provnted woth a pair of spaced slots 64a and 44

for tec: a pur of outwardly estending tah Je

and 334 sexpectively of the contact aveembly. Each of

the slots ny dispowd Petecen an abutiment ProK.ting w

wardly of the depen.ling Mange 41 and the surface of the

heaton wall of the diver 4@. By mounting the outward.

ly catemdeng tabs 334 and 334 of the contact

i

eviending tongue M over the dk

43. the (antact awmbly in pr

diver and rotatable therewith The pow

contat awembly 48 and the outwardly ¢

33a and 33+ fixedly wcured in the slots

vrenward

Fi

;

hi

Hy

, and coment the tuby 33a and 334 mm the slots 440 an

44h

_ for the purpose of electrically connecting any pout

intermediate the ents of the arcuate resistance fim 2

te the contact Dutton 284 integrally secured to the const

termunal 28, the contact awemPhl, 30 is provided wah 3

fect ly beat or tunedin fincer 34 extending from te

Pow 30s thereat, the Hip thereof contacting the collector

button 2&6 (sce RAGU'RE 2 of the drawings) The

Rowhality of the finger Moin increased by connecting 4

at a pent mot remote from the center of the contest

accorly 30 A pair of Miurcated arcuate am Me

and 38h extender from the Pas: My of the contact &

ems toward the whe dumetically opposite the Nt

pen te senpert 4 carbon comtuct button 36 arranged #

the Doing a0 as bo wipe oF tide over the arcuate roe

ame flew 23 as the dewer is rotated through a preset

nom dt sate

A.cording to the precet umvecnuon. the contact at?

bly JO, the atvual, sesstame film 22, and the coo

Pett 380 of the Conter Ktmunal 26 ace omlond 0

E-5

3,237,140

5

the downs ardly eviendirg unre 41

the top surface of the wappen ting

@ explamed shove, the fin tron Mreccn

4a of the flanre 41 of tin dint

presents the drat from

madverieatly ratcted by centeriupal fc ou the

ah respect to the supper fp owicr le lhe te

of the drnct con fat me

inner wall of the cylin al mem co 22

the Whustrated arrangement, means must te pr

for externally of the b wome

ef. 2 “reediiwes com be

ito the aperiure 18 wf the howwnge BE for

engaging the top surface of the din vr 40

. addrvonal me uns «owl!

supporting the end of the

Giver most remote from the supporting membcr 20 Hy

the driver 40 auth 4 non

FIGURE 5$ of the d asines) and

by providing the end of the shalt SO with 2 conti cuiatwon

43. ie. @ nomi lat wom.

rey

EA

2:8;

leat

Heptte

PASH

|

|

cw the shaft jowrnied om the

aperture 18 of the closure wall 13 of the heeouns a'w

totataMy supports the driver 40 Moreover, t« end of

the shaft S@ can be imveried into the cavity 48 of the 2

im a simple and faile manner Whon the

comrol 10 is provaded with a short shaft £0. a vot St

: m end thereof Accordingly. the shaft

3@ transfers the rotational torque applied from the es

terwor of the

ung and, at the same time, rotatably supports one

drier im the housing. Ry detachably sccsins

shaft $@ to the driver im accord with the present in-

ik posible to awwmble quickly vwariab'c resi

housing to the diner4@ intciwr of the ¢

a

ance controls with various types of external shalt. and |:

Prevent foreign maticr, ef. tures and the bhe. fiom

emicring the cavity of the driver cnclowng the contact

axcmbly and th: resistame element

When operating the viriable resistance control 10, it

cferable that some means he emploved to bliowt the

lar rotation of the driver 40 and the contact as-

32

aemhMy 30 thereto Otherwie, the carbon Put.

ton 36 will show rapid wear when wiped ocr the ter-

minal ends of the resistance cl.ment tn the preferred

form of the invention, the housing 11 is provided with a

Sop meam, ¢ ¢.. a downwardly cvicnding projection such

asa Mop pin 17 (sce DIGHURE 2) for hewting the rotation

of the driver 48. As the shaft $@ 5 totsted. a stop mem-

her $3. as best wen in FIGHIRD 6 of the drawines, en-

fares the stop pin 97 and prevent. further rotation of -

the shaft $@ and the driver 48 Since the shalt $@ is of

a hord material, for example, sice!. and the siop mem.

her $3 is an integral part thereof, inalveriont cxcessive

force will not shear the stop member $3 from the shaft

S@ of the stop pin 17 from the howwng 11. Morcover,

“me the stop member $3 inicgrally connected to the

~haft, the strength of the connection berween the shaft

and the dover is immaterial. A notch 28 (vee FIGURE

1) provided im the supporting member 20 engages on in-

warily extending detent 29 in the howwng for onentoting

the member 20 with the sviop pin 17. This the stop pin

17 .tways halts the angular rotstion of the driver 48 when

the carhon button 36 of the contact awembly 3@ reaches

the end of arcuate rewsiance film 22

In onder to maintain the supporting member 26 fixedly

‘ecured against the shoukler 16 of the howung Tf, a

tround plate 18 as wen in PKGURES 2 ard § of the draw-

mes is dinponed against a portion of the hotiom surface

of the supporting member ani the contiguous portion of

the cp hadrical member 12 of the howung. ¢ ¢. hy welding

the ground plate 18 to the howong ot py dewruble to

seal the unit. a nonconductive cpory coment 19 6 poure!

into the cavity defined by the bottom surt.ce of ihe sur

one eon © oe er be con aeteeaen

wall of the cylindrical member 12. In some arpix ations.

he

eo

6

ws preferable to pround the houwng to various circuit

corapenents of the lhe ( @nscquently. one of more not

shown dependeng termnnsls are provid with the ground

nruct#

The emisabment scoa un PAG KE § of the dir ewines is

sah tentiolly the ame os the embooloneat of PICHRE 1.

the mann dflecenme beuny that the howung $4 6 prowded

wots threded potton $8. ant a shoft §@ & prowded

eth a substential extord kneth for suppettine «a not

hean contrel Leet of the Whe Phe enternal constr

them ef the warble tomtiunce conted seen in LIGUKE

Has lent col te that wor om PHGURES 2 © of the haw.

mes The shaft §@ can be provided wath a flat wirface $7

on the shart may Be cyhadirical as shown in DIGURE &

of the drwwines When a bong shift 66 is employed with

the howwng $4. the shaft @6 profersbty is pron witha

ceumfercatul pramsec 67 for rvcnme a C-woher

in ordet to resteat moses cat of the shalt and pres at

dhamave te the supporor, member 26 and the driver

if an eneesnve aval fone os applad to the shaft

The operanen of the present invention will readily be

undcrstee "om wew of the detailed deonphon ucluded

atone. and ee furthor dcusaen « inchaled herewah.

tr wall be appre. sted that the termenats 23a and 24 may

te of were or set bbe mialcreal for cletinally connecting

the settle teemtume contre! §@ inte the cu.an

Whale there hes been dhistivted and dew nibed what is

ot present Comndred to be oo preferred embodiment of the

pasent imenton and a ack modihcaten thereof, at

vt be app cated that nemerous changes vod modifica-

tors ate hely te ogcan te there shelled in the art, and

it entented un the opp.aded clams to cover all those

changes ant modifications which fall within the true

sport and scope of the present invention

The mventen claimed :.

1. A vatable nes done contral compireing 4 hollow

oVbadrical heerung bovine a coatrally apertured closure

wll atone end thereof ont apen at the other end thereof,

a drwer diyposed in the howing boing a Mlance spaced

from the inner surface of the cylindrical howwng, a sup-

Porting member clovng the orca end of the cshindncal

hoewing. the inner sulf.ne of the supporting member fric-

tionally engucing a peephers! bp of the Mance of the

driver, a fesstance clement dispowed on the supporting

member. a contact assembly secured within the flunge of

the driver and disposed above the supporting member,

the contact asscmbly borne provided with a contact but-

ton adapted for wiping the rewsionce clement at any de

sire | point intermediate the ends thereof, means extending

throwch the aperture of the clove wall and rotatable

from the extenor of the hows for altering the relitive

Potion between the contactor and the resistance clement,

ond means for connecting the centrol to an electrical

corewit.

2. In a variable resistance control, the combination of

a housing having a centrally apertured closure wall with

the housing, a molded cup-shaped driver encle ed in the

3. In variate resistance unit, the combination of a

houseng having a fing flance and open at the bottom,

a bose clang the bottom of the housing, a fevivtance

film bonded to a surface of the hase, a cup-shaped driver

T. rotatably supported on the bse, a perpheral lip extend-

E-6

3,237,140

7

ing from the cup hoped drwer sek oly cnpaging the

base, means clectin silly comme tone the fevntome been te

the extetar of the bewung. a Content ascorbly trecdly

Sccuted to the cup st oped diivet ond 4 fotutable ome ons

extending through on operture in the hewmng ond engure-

able with means prownded in the bottom: wall of the Cop

shaped diver where+y rotation of the rotatable meunms

Wip|es a contact bution of the Contact assembly across the

festance film intermediate the cads thereof

@ Anclectrical contin comprare o hollow oy hindi ot

housing having 4 chest cad and on open end, the closed

end heme provaded with an aperture, « bese mounted in

the open ond of the cylindraal howung, a cup shiped

driver fotutably supported on the buse, a resistance cle-

ment fixedly mounted to the Pic, a contict awembly

mounted im the cup shaped driwer vd imclabey a comtuci

button adopted for wipung the resistonee clement ot any

desited Pont micomedinte the ends thereot, and a shut

eviending throurh tie aperture of the howong for nat

me the driver, a memcircular member ottache Jt to the sh ft.

the top surface of sant cup-shaped driver being prov ahd

with 4 momcwculor covity having disposed therem the non.

crrculat member attached to the shult, the ether end of

the shaft extendin- through the aperture om the 6) hdr ol

howung whereby rotation of the shult alters the fetta

of the driver and the powhun of the Contact button on the

tewstame clement

SA Comtoct asaolly for oe soccble fest Mee control

having a driver. a collector button. and o tesitame cle

ment, the contact assembly comproing a bie o longue

eviending from the base and provaded with on op mene

for centering the wontact asembly on the diver of the

control, a paw of spaced tab depending from the bux

for fixedly ccurme thy anculie peutiom of the cont at

aswel) wath respect te the der a resersy boot taper

connected to the hoe for encuging the colhctor button of

the vatible revitance control, and a fou of bifurcated

arcuate army catending from the baw to a port diumet-

really opposite the tae, the distal ends of the arcuote

areas Reng pounced to each other to provide meany for sup

Porting a carbon comtat button. the carbon Contact but

ton beg adopted to wipe the nanune clement Jdiepowd

wm the control

6 A drwer for a sanuble revistume control haveng a

supporting member, a tesstame choment carned by the

epperting member. 4 contact osm) proveded wath «

Pet of tabs and eny gong the nw tome clement. ond o

shaft, the diner compre 4 coculot memnn haven a

top sutiace and a hettom serfae the top sufmae of the

corcalar member home prow ds with o Caray few teen

wing the distal ond of the shalt, a bow Scared to the Potter

surface for centering the Contat ucmbly of the Contre,

and 4 couler flies wntegialls «cuted to the caculor

member and hasine « pemphers! hp un frtwnal encape.

ment with the supporting meme of the contrat the

flange Rome provek J wath a put of spacd slots for re

Comong (Re paet of tbs of the Contact acm) to teenies

the awwembly woth the drwer

7 In a sotiible rest me. met, the pombunation of 4

Pow busine u soe forenmtially oviending shoukdeor, 4 te-

“etme choment doped on sad hase. 4 sup shape

drovet hosing «4 downw aidly directed fonge the bp portion

thereof heme in trtonal engagoment wah the Corona

ferontaally ertomd: re sboael kot eon the *< 40081 al oe wm-

Hy prmted om the casey of the denser for cletrn lly

wiping « bution octems the fesitonce clement, a hallow

Cs brett ot tomes ome toa the raves onal supported oa

he Pose, the howe hasiny an cmd wall prownked with

4 senttodiy bn ted opotture nd totutible means catend

mg (rowseh the oprtere snd on cable woh | eereely

Tne deg woth ie top serf ic of the dower

6B Ar clita .ontiwl eunproime a henge prownk

with spe al apart fromt ond teat wall, one of the wall

Reing prowaket with om apertuse. o drwer haseng a hour

wm swtace. the beat surtac Pomg om fratmnal en-

Bal

oe

8

kot ewnt with the moact surface of one uf the walls of the

her wee on eenelot tong of terlent motetal ETM EN: te

om of the eal of the howing amd the dower for

the drwer agent the other wall of the Rowing 4 om.

Tat oonebly fevedly severed te the drewer, am ay lor

Moki of clectrnal connecten te the camtat

a fevetonce clement dipened mm the hnemne CT Hm hate

the wally thereot and chtinally connected te a pay of

termunals catending from the howung, 4 contacs

mounted on the Contact axcuhly and adopted for,

the fowstunce choment at any devited pont WO, Fe date

the cots thereof, and mean catcmding throurh the sper,

ture and fotateble fram the estore of the for

slicing the relative pesiuan Petecen the coMtact hutigs

uml one end of the rewstance clement

9 to 4 varasble resistance wnt, the combination of 4

vepperuns member provided eh a supporting wart ace,

an wivtute fexstumee means scoured 4

serficc. a cup shaped drwer supported ePPoring

surlve. 4 Collector Duttan centrally lowated ong Nreuty

sccwted te the supperiag memher, a contact sembly

tvcetly secured within a cavity of the shaped driver

otal mo lahine 4 comtast Dutton for wiping the rowsune

mic ot any desired Pount imtormediste the emdy theres

ont. caper on eletn.al contact with the collector

« helow cplindrr al Rowwng prowded wath 4 CENT ally

fp tteed slosae wall at one cad thereof and open »

the othe end thereof for receiwing the cup-shaped drver

md the suppottine member, revert means dapured be.

tacca the wmnor su tace af the Whosure wall of the ty

amt the cupestaped dower tor Peawng the drwer cong

the -uprerting sartice. means for tivedly securing the sup

Pertenge arface weahen the howung. and Me ams Ope:

comm td te the euler surface of the driver ond em

pee trom th. evtenor of the howing for Fotating the

sep haped draer ond the contact ancmbly thi ough a

Pre.’ tecommed an te

1@ fa 4 vamubts revistame control, the combinatioa of

A tome provakd with am apertured eral wall, a suppor

woo metebor mounted in one end of the Rowsung im spaced

tet ‘oometep te the apertured end wall, a crcumfereanad

showlhor exutembng umwurdly of the supporting member

aul untertally connected thereto, a driver dispoed ia the

hou eng intermediate the end wall and the supporung

monhor and Peng one end rotateby journaled on the

s owetoneated shoubler adetachably secured shaft jour.

riled om the apertwed end eall of the housing aad ro

tetebly seppentomg the other end of the drwver, and mcam

mreontied te the diver for eeypng a contact bution miter

nw bote the ents of 4 remstance clement dinpoed a

here ung the meen mounted to the driver Beng

hy ect from the end of the shaft

F

it In 4 warble fewstance control, the combiesion

of a hewny prownded wah an apertured end wall, 2 wp

rerlne meaiher mounted on one end of the howung @

spascd fledmee hep to the apertured end wall, a aru

Ieronte TP Rowhier extending imeardly of the supporuag

moor ad anteerells commested thereto, a driver &

Powd oo the heovwne ontermediate the end wall aad ie

“URN ine member aad having end rotutaMy pow

role Lom the cotumbenemtudl shoulder. a shalt journaled

m ihe aportuned ead wall of the howsng and ruuly

“erewiens the offs ead of the drier, a rewtance cl

met lh ed le the sepperting member and encircled Oy

tec setmferential shoakier, snd a bifurcated contest

svrebiy maumiod to the drwer sad supporung a coma

Peron for wapeme the revtonce clement miermeduie @

o mds the rot

12 In 4 Sarile tesistance wart the conbiaonon of 4

bbw vt od Rowse choed at ong end and ogee

atts etetemd « base member chowng the open cad

tho Deeceng. URS heusong Roig provided wath a «

fo. sted apetton 4 tesitame clement chypered an the bor

my a diver mewnted om the howung, « contact

tt amed ty rotde eat the driver, g shalt pwrouled @

E-7

3.237.140

9

centrally located aperture. a stop pon, and » Liters!

wtcgtal with the shalt detmung 4 stop on mlx:

enpsgcable orth the step pen for hencng roteton of the

iz

ericnwon and of the shalt hemg dnpewed on + mating

cavity prowaled im the driver comstesmung the diver to

rutate eth the shaft

13 A wanable tewtance wnt compriune 4 hotles

Le ny, an perused sheave wall and + depurl

ing flange to a cover open of the bottom. 4 denver

Gnpored m the howung. 4 supporting mensher teccned Is

the bottom opening of the heurung. a resstance choment

secured to the inmer surface of the wepporting imcnsher, a

Contact awembly secured to the dnver and sot table there

Sith for wiping & contact button atong the resmtame cle.

ment wtermediate the ends thereof. 4 shalt extending

eee ine ageriane. 2 wp Pa, amd 4 lateral evtemun

wmegral anh shaft defining 2 wep member engipeahic

wah the stop for limwting rotation of the shalt Ww on

angie of tens 340", the lower portion of the Ltera!

evierwen amd of the shalt hong dapoed im 4 moaung

sesety preowned on the divert comtremmg the drier te

tetate aath the steatt

Melerrmcs ( Med by the braminer

CNETEDD STATES PATENTS

POTD Te te OT Mente ante

eR eT | 9 19th Stelke

J Set Pe Mieiles

!

"S7hote FF PYSE Madhemonmect al.

2 wai lis 1 IMSS Te Mell

> "Kv rt 8 19S?) Atnmemet ol...

DEM HED & 198 DD hem ot al

Pe7e 419 8 989) etd e.s

toga 7°19! Mus her "

ee, a0 7 1908 Muon ctl _.

WiC PE NRID AE WOKD Pricey F ccminer.

ti ty

tt 64

‘™! ta

ti ima

tem. Jor

tix fea XN

tem 174

tim 164

tie tat

tims 174k

F-1

F-2

”

APPENDIX “F March 26,1968 4. VAN BENTHUYSEN ETAL 3,375,478

ELCCTRICAL CONTROL AND METHON OF MAKING THE SAME

March 26, 1968 J VAN BENTHUYSEN ET AL 3,375,478 Filed May 11. 1964 2 Sheets-Shee’ .

ELECTRICAL CONTROL AND WETHOD OF MAKING THE SAME

Filed May 11. 1964

2 Sheets-Shee’ ;

LM,

ANN

77,

Vs

ZA

xT . . GA

‘ . i

7 -- 7,

Ba FIGURE 3.

ae

>

2

- |

\ebeil

246 “T

FIGURE 2 WVENTORS

F-3

United States Patent Office

3,375,478

Patented Mar. 26, 1968

ii

t

T

!

efaciured must meet miny design and test requirements.

for example, the shaft must he rotutaMe om a substantially

mennet, and the fiat of lubrnant in the hear

Must not impore a sudsisntial losd upon the shaft ot

@ whnormal imperatures wr flow out of the bearing ut

' thevated temperatures. It is wcll known that several ma

ferals sah as nylon are ecient bearing forming ma-

tertals uance these materials need not be lubriated with «

ef

x3

Sration, however, requires that the shafts

be

ia

ih

a

33

rtf

aU 2

een:

HAt

Fitri

ft

F

;

:

i

:

i

fir

:

Pf

gi3*

srfih

8? j

4 t

ft could be unproved

the cont of the control ht would, therefore,

to provide a variaMe rewstance control having

frill

2

i

i

2

>

z

z

ef

2

2

z

i

edfel

lia

Heth

Hi

Hilt ;

ia

*

‘@

manulature of a variable resistance control. the method

of oMtaimung the proper sotational torque hus heen ac-

comp 'rhed a the same munner as eth metol shafts. lt

sould, therefore. Ne destate to provide improved means

tur Msittanng ihe proper rotsuional torque by presiress-

ing the mykon shaft during the process of assembling the

vatieMe routume contiol

The wonsentiunsl variadle rewstance control generally

employ, a rotsterlc coniactor fiacdly secured to the ro

tate member, 10. the driver. As the wae of the control

de: tcaxes. grewter protdome ale are encountered in .on-

Miamng the .ontstor ty totute eith the driver, More-

over, the devietion m contact pressure of the contactor

verses imversely erth the sive of the contactor time the

conta: a9 wcll a the other parts of the control are

made eb tandad maonul.«iurng tolerances ty main-

tain com 4f 8 minimum. Thus there is a tendency for a

greater differential im contact preswres to cxist against

the resistume clement and the collector ring. lt would,

therefore. also be de-wadle to provide @ varable resis-

lame cuntrol wah unproved means for consissining the

sMtator tu retate wath the driver as well as employ a

suntator having Mwan, tor cqualizing the contact pres-

wwes IN 2 Prewt tulw agua the revetance clement and

the collector ring.

Accordingly, & 1s an object of the present invention to

provide a new and improved vaniuble resstance control

having the sanous devradle features tet forth above.

Anvther object of tLe prevent invention is to provide

4 variole revsieme control witb a shaft of an elec-

traally comeonductive heatdefurmate maternal, the end

thereof heing se.aged tu secure the shaft to the mounting

bracket and to imicsse the dismeter of the shaft in the

Roaring supporting the shift.

An «hhtwnsl oop .t of the presont invention is to pro-

vade « vartahle tetume cuntrul of smple and compact

streumsture with a rotatable member having an integral

shaft rotataBl: mm «a bearing and an additonal annular

hearing oqually sp.wed from the shaft and dispened within

2M afvust feitume clement for cleminsting tbe wobdble-

nevs of the rutatab’e member as a os rotated.

A further object of the present revention ss to provide a

variable rewstance .ontrl wherein the inner penphery of

the collector ming functions as a bearing for rotutably

supporting a shaft and the outer periphery of the coliccior

ling aligns the baw of the control supporting the arcuaic

tevistame clement in comentri: relationship with the

shaft

Seill another obyect of the present invention is to pro-

* wide a vateable revintame contre! with an at.uate cavity

im the inner surface of the rotatable member for neviedly

supporting 8 cont.xtor and for constraining the contactor

te) rotate with che rotatable member.

Yet ; nother object of the prevent invention is to pro-

S* wide « variate resistance control with a collector ring im

tegrally connected to and embowed from 4 mounting

bracket

A sull further object of the prevent invention is to pro-

vide a variable resitance control of simple and compact

Structure embodying a contactor provided with a pair of

ametric ally opposed pivotal arms for equalising the con-

tact pressures im a preset ratio appled by the contacts of

the Lontactor again the arvuste resistance element and

the collector ring

Sit an addimonal object of the present invention is to

provale a methed of providing the proper rotation. |

torque and a method of umpro.ing the fit between a be or

ing and the shaft rotatible therem when asvembdling the

vartedle reastance control.

Further objects and advantages of the present inven-

thon will become apparent ax the following devription

proceeds, and the features of novelty characicrizing the

F-4

3,375,478

TPS LTH a

pilin ap

Heat

atl

pe cit seg tgs

Hae

HHUIHE

shaft provides an etcuate cavity nesicdly supporting a

sunta.tor. The contactor recewwed im the arcuste cavity

ts provided with a paw of diametrically opposed protal

aims, ant on opposite sides of the put of pivotal arms

is 2 pat Of contacts, one of the contacts engaging the col-

lector ring and the vther contact engaging the arcuate |.

resmtunce element. Thus, an increase in force upon onc

of tie cootats ef the contactor automatna'l imereases

the force upon the other contacter im a preset rauo there

by equalizing the force. apphed ther cagaunv

bor a bever understanding of the present mvention,

reference may be had to the accompanying drawings

wherein the .ame reference numesaly have Seen apphed

to hae parts and wherein:

FIGURE | is an wometriz rear view of an improved

Variable resistance control built im accord wah the prey-

ent mvention,

FIGURE 2 is a front view of the varinble resistance

contrul shown in FIGURE 1;

FIGURE 3 ws a cross sectional view of the variable

revisionce control taken along hoes I1—IN of FIG-

LRE 2:

FIGURE 4 is an exploded view of the vari Me rest

ance control shown in FIGURE 1;

FIGURE 5 is an wKometric view of the equslizing con-

tactor for the varinble rewstance control of the prevent

inver.iion: and

PIGURE 6 is another embodiment of a variable te-

SiManve control of the present invertiwn

Referring now of the drawings, there is illustrated a

variable resistance control, generally indnsted at 18.

comprising a mounting bracket 11, a bave 20. an eleciri-

cally nonconducting hest-deformable rotatsble member

3M and an equahzing contactor 3%.

Coosidering first the mounting bracket 11. as beu seen

in FIGURES | and 4 of the drawings, it preferably com.

prives a One piece sheet metal stamping having a pair of

snap-in fingers 12 evterding reoraatdly from 4 flat cen.

ter portion 13 for qui. kly mounting and clecinally con-

nevting 2 portwer of the varisble tew-ton.e control 10 to

a penel or the Lic A collector ring 14 ix emborsed from

the f.4 center portion 13 and eviends inwar.ty thereof.

the outer periphery 4a of the collector ring bemg pow

tione | im am opening 21 of the tase 20 for aligning the

bore 20 in concentr relutionvtup wath the collector rnz

14. The .olle.tor rng 14 prefershlv projects into the

opening 21 lightly grester than the thickne 5 of the hae

26 (sce FIGURE 4) ft ws to be under-tuod, however, that

the depth of projection is not critical @ long as the oul.

letor ring 14 is centered im the opering 21 by the outer

periphery I4e

For the purpose of preventing relotive rotation between

the base 20 and the onwnting braket 1, a put of in-

warth eatent ¢ to. US ste dimers I on opponite sntes

of the flat center peateem 13 and engage mothe, 22 in

the base The tbs OS ate umteges) euh the mount

bracket and preferably ate punched out wf the flat coy

ter porhon 13 thereof.

As best illustrated in FIGURE 4 of the dt swings a5

arcuate reustance element 23 provnled with a Par of

5 depending legs 230 and 23d is tively MMMLCL 10 the

base 20 with @ pair of terminuls 240 wm 246 wm,

able manner well known in the art. When the tevnt ince

clement » of a carbon compovition, the baw BeMEr sly

is pumded from an clectrically nomonductire Mmuter, ;

such as lum.nated plastic, however, a base or SUD he of

ceramn msterial may be employed whenever higher jem,

perature revsiance clemenis are preferred snd the nay

able member 30 may be journsled in aM speriure in ihe

subsirute. The ends of the terminals 244 ant 244 may ¢,

3

15 tend rearwardly of the base ay shown in FIGURES |

and 4 of the drawings, the diyposiion thereut depending

upon the lov ation of the mounting pare!

In a device built on accord wi De provent inven.

tivn, the rotatable meniber 30 prefer. thy by molded of an

te clevtinally nonconductve heat-detu. mabe material such

ws ayhen bor futatably supporine toe member 8 aay

respect iw the bas: 20, « shalt or spindle Jf covery,

inwardly of the rotatuble member 30 aod & jour ded @

the aperture 145 provnded io the .olie.tor cing 14. Wig

th: above-desenmen arrangement. the sotsiuhe mem,

Se ws toantily aswetabid to the mornutin® bracket 14 ry

metely mscsting the end of the steft 31 inte the per.

tre 64% of the collate sing 14 ard bot waging the

cod of the sBaft prop. ing ents ely from the collector

‘opens $4 ws shown om EMOURES FE oand fof ce drawings,

Tihws the collector tine 14 fot waly to atatry supports

the shaft 31 extending meartdly from the rot whe mem.

ber BW but alo centers the Dave 20 and the resistunce

clement 23 with revpect to the rotatable member 3. A

suitable heated cylind*al tool basing am apertured bore

is craploved for saageng the outer periphery of the shaft

against the rear surface of the collector ring to form

an enlarred portion Jk: and simultaneously the swaging

operation morcascy the-Siamecter of the shaft dispo.cd in

it the aperture 14% of the collector ring 14 Such design

a-sures « tight booting fit between the shalt 31 and th

heating of aperture 14h as well as clirwrating longitudina!

mos.ement of th: shaft. Whenever the control 10

adjusted frequently. the inner edge of the collector ring

45 dehirweg the aperture 144, & watened to increase thc

sutlae ates Of th: Dearing.

le wall be appreciated that ay the size of the control

is Jecteased greater problems are om ountered in securing

the conttor to the rotataMe member 36 and in com

$0 siraining the comiato: 48 to fotatc with the rotatadk

member 3@ The stsangement for eccomplishing this

be dex ibed in detuil hercinafter. As best shown ia

URE 4 of the d.awings. eviending reareardly from

tanet surface of the rotatable member 3 is an arcuate

56 member of annular ring 32 integral wich =

engaging the portion of the Buw 20 (sce FIGURE 3) ade

cent to and circumpoung the outer periphery of te

eoliector ring 14. The variaMle rewsiance

40 therehy proviied wath two beating surfaces,

ing surface Deus the surface of the

pertine the shalt 3M and the cond by

being the outer edge of the annular ming

bearing surface aligns the contator 4 with

6S ance cloment 23 and the collector ring 14

able member On totated with revpact ©

and the «cond bearing surface stabilizes the

member 30 and thus prevents wobbicness when

able member is rotited.

700 Preferably and as Chotrated in TIGURE

drawings. the contactor 48 busing a pair of contacts

atid 42 is nestedly revewed in an anaular cavity 33 formed

by the shalt 30 ane the inner sorf.ny of the rng

32 The .emtat 68 ik degen! a grester divtnce fiom

te the aw of the <helt 34 than the contat 42 of he OF

stelle

jerteyeh

2 *

ce &

F-5

3,375,478

5

tactor 48 for making tal engagement with the arcu-

ate rewstance element 23 and the contact 42 engages the

collector ring 14. The distance from the contacts 41 and

aan of the shaft ako determines the rato

act prewurcs To constrain the contactor @

weith the rotatable member M. the annular tine

is provided with a pair of sluts Sle receming a pour

outwardly eviending diametra ally oppo-ie arm 43

Qaeeae

fis

ge

imegrally vonnevied to the contactor 46 The annulut

ring 32 1s alo provaded with « slot 324 for reveiving the

of the contactor 48 carrying the com ut 41 The

43 of the contactor 48 are preformed into a V cross.

section by forming 9 creae eriending through Soth arms

HIGURE $ of the drawings and the hotiom

edge of the V forms pivot edges 640 and 444 for pivot!

movement of the contactor Thercfore. aay manufactur.

ing tolerances resulting in the angle that the contactor is

creased of should any differences in tolerances oF th.k-

nem Occur © as fo wry the dimenvon between the tor

surface of the colles! . mag and the arcuate revisiane

clement, the contact pressures thercagaina will he b.!-

anced im a preset rato wince the contactor 48 will mercly

Prvot on mvot cégcs 660 ans! 444

From the shove deecrip'ion it is apparent that ihe

variable resiviance control 10 can be rapidly ascmbled

in production. Por caample. the rotutaMe member 3€ iv

corned by a movable supporting surface and 4 Lonta tor

@ is automativally aseemMed to the roiaiuMe member 0

by merely dropping the contactor 48 over the shaft M

with the arms 63 of the contactor in shenment sith the

dom 32a. The mounting bracket Bf is then assembled

to the bawe 20 with the arcuate resistance clement 23

facing the rotatable membcr 3 After the bose 20 and

Mounting bracket 11 are aswemPled in portion on the

"

together and bcat «ware the outer pempheral potion of

the shaft to sccure the moun'ing bracket to the rotatuble

member 30 Hy heat weagine only the outer periphery

Of the shaft a shown in FIGURES 1 and 3. the rotatable

member moy sill bh rotated bs unscrting a tool in the slot

314 prowudied im the distal end of the shaft Semultone-

ously, during the heat swaging operation. the force of

the heat \waging tool incre ses the diameter of the <haft

the aperture 144 for improving the fit betwcen

the shaft and the hearing Whenever it is desired to

merease ‘he rotational torque of the variable resistance

control 18. it is merely necessary to provide a button or

faned portion in the center of the surface supporting

the rot table member 3@ for urging the shaft 34 further

ito the aperture 144 of the collector ring 14 Since the

enuaces only the cewter portion of the rotatable

Member 3 the periphers! cdge of the rotatable member

3s forced downwardly due to the pivotal action of the

Mmulor ring 32 and forms the rotatable member 38 into

i

1 cowl suffitiently, the force compressing the parts

zether ic released.

In orter that the variable reestance control 1@ can he

"aled from cither the front or rear thereof, a slot Sia

‘we FICURE 2) is provided on the front surface there-

H

li

|

i

|

i

ti

F238

mercly necessary to compress the parts -

to

”

6

revusiane control 10 shown in FIGURES 1-4 of the

drasigs. The main difference is that the shoft 131 ex-

tends rearwardly sufficiently so as to provide means for

securing a knwh or the bhe to the shaft of the control.

Further, the mounting bracket 111 is provided with a de-

pending termiral 112 insicad of a pair of rearwardly ex-

tending terminals for mounting the variable resister to a

horzontolly dipored mounting plute insiead of a veru-

cally dingened mounting plite

While there hay heen illustrated and described what is at

Prescot comudercd to a preferred embodiment of the

present imvention, a single mrxiilicaton thereef, and a

method of making the same. tt will be appreciated that

Rumer. Changes and modi ations ate likely to Occur to

those shilled in the art, and it t intended in the appended

clams to cover all these changes and medi. ations which

fall within the truc «purit and score of the prevent inven-

thon

What is claimed ay new and desired to be secured by

Letters Potent of the Unued States is:

1 A satiaMle :e-istunce control compri-ing an electri-

cally conductive mounting bracket. a collector ting em-

tensed from the plane of the mounting bracket and

Provided with an aperture, an electrically nonconductive

beat deformable shaft rotatably pournaled in the aperture,

an electrically nonconductive rotatahe member integrally

securc.t to the shaft in spaced relitioaship te the mounting

bracket, an cletically soncenductive base carried by

the mounting hracket and disposed hetween the mounting

bracket and the rotatable member, an arcuate member

eviending partially around the shaft and spaced from the

shaft. sant arevate member being integral with the rota-

taMe member and having @ peripheral lip slieably en-

gaping the base for stsbilizing the rotatable member, the

shait and the ar.uate member defining a space therebe-

tween. on arcuate resistance ck ment mounted on the have

conentin te the coflector ting. and an equalizing con-

tactor ne-tedly deposed in the space between the shalt

amd the arcuate member and constrained to rotate with

the rotutoble member, the contacter having a first contact

bution engaging the resistance element intermediate the

ends thereof and a sccond contact Mutton engaging the

collector ring for electrically connecting the resistance

element to the mounting bracket as the rotatable member

is rotated.

2. In a variable resistance control, the combination of

an electrically conductive mounting bracket having an

aperture, a collector ring imtegrally secured to the mount-

ing bracket and having a top surface, an electrically non-

conductive apertured base supported by the mounting

bracket. and having therein an aperture in axial align-

ment with the aperture in the mounting bracket, the aca of

the aperture in the hose heme preater than the area of the

F-6

3,375,478

arcuate cavity openme toward the collector ring, said

bracket being provided with an aperture, a heat-deform-

able shaft received in the aperture in the bracket connect-

ing the rotatable member to the mounting bracket, and

an equalizing contuctor nested in the arcuate cavity and

consiruined to rotate with the rotatable member, the

equahzing contactor having a first contact button cngag-

ing the resistance clement intermediate the ends thereof

and a second contact button engaging the collector ring

for electrically conaccting the resistance element to the

mounting bracket as the rotatuble member is rotated.

4 A satiable resistance contre! Comprising « mount

ing bracket, an apertured collector ring inteyial with the ~

mounting bracket and embossed trom the conter portion

of the mounting bracket, an electrially nonconductiwe

base supported by the mounting Pracket. the collector ring

Projecting into an opening provided in the base. a re-

wstunce clement carticd by the base i spuced relation-

sup to the colktes ning, a totatuble member, an elec-

ally nomonductive shaft of heat-detommable material

conmestod to the rotatable member sid rotatably journaled

m the aperture of the collector nmy. the pertion of the

shaft catending beyond the aperiuteleimg colotged and

totatably securing the shaft to the mounting Denker, the

portion of the shaft in the aperture being culurged to im-

prove the fit of the shaft in the aperture. and a con-

factor carried by the rotatable member for wiping the

collesior ting and the resistance clement intermediate

the em, thercof.

S$ A sanable resistance control COMPININg 4 Mount

img Pracket, am electrically nonvonducte bie sup-

Ported by the mounting bracket, a resistance clement car-

ned by the base, 2 rotatable member, an electiwully non.

sonductive shaft of heut-deformable maternal connected

t© the rotatable member and rotatably journsled in an

aperture provided in the mounting bracket. the portion

of the shaft extending beyond the aperture being cn-

larged and fotstably curing the shatt ww the mounting

bracket, the portion of the shalt mm the apenture being

Of u sighily Larger diumeter than the postion of the shalt

ramne ted to the tutatable member to aprose the MM of

the shaft mm the aperture, a colle. ton ting cartied by the

base, and a contactos castied by the rutatabie member

for wiping the collector ring and the resistame element

mitermediate the ends thereof.

6 A variuble resistance contre! comprising an ap

ertured base. a resistance element carried by the base, a

collection ting cattied by the base a rotatable member,

an clecukally nomonductive shaft of heut-deformable

material connected to the rotatable member and rote-

tably yournaled in an aperture proved im the base. the

portwn of the shaft eviending beyond the aperture being

enlarged and rotatably securing the shaft to the base, the

portion of the shaft in the aperture being of a slighily

Larger dismeter than the portwn of the shalt connected

to the rututuble member to improve the fit of the shaft

m the aperture. and » contactor carried by the rotatable

member for wiping the collector ring and the resistance

clement intermediate the ends thercot

7. A variable resistance control COMPrising a mounting

bracket. a collector ting integral with the Mounting brack-

et and progecting from the center portion thereof, an elev -

tically nonconductive hase supported by the mounting

bravket, the base being provided with an opening re-

ceiving the collector rng, means for Preventing relative

rotation between the mounting bracket and the electrical-

ly nonvonductive baw, a resistance clement mounted on

40

wt

ay

the buse in conceutrs reluuonyhip tw the collector ring

# rotaiadle member, 4 shaft of heat deformable maten,)

integral with (he rotutsble member, the end POrUON of the

shaft being journaled in an aperture provided in the co}.

lector ring, the end portion of the shaft catending beyond

the aperture beng enlarged to connect the shalt to the

mounting bracket, the rotatable member bein: provitey

with af afcuute cavity opening towerd (he collector ting

an equalizing contactor gested in the afcuste cavity and

constrained 10 rotate with the rotatable meniber, the

equalizing contactor having a pas of UPPOsite eMds sng 5

par of aro integral with the contactor and € Mending

outwardly thereof tur pivotally supporting the Oppose

ends of the contactor, the one end vf the contactur hay;

_ @ first contact bution engaging the resistance clemeny in.

termediate the ends thereof and the other end of the con.

tastor having a second contact button engaging the cui

lector sing for electrically connecting the fesistunce ele.

Ment to the Mounting Mracket sy the rotatable member

is rotated

8. A variable resistance control Comprising a combing.

Hon mounting Pracket and collector ting, the Collecigg

ring being embowwed from the center portion of the moun;

Ng Pracket. an electrically nonconductive base

by the combination mounting bracket and collecio; ling.

the collector ting bemg dixpoved i an aperture Provided

mw the clootncally nonconductive base and projecting in.

waidly of the Dave. vu atemate resiance element Mount

ed on the bave i concent relitonship to the collecior

fog. an cleeitically noncondative heat deformable ry

tatuble member, means securme the rututable Member

fe the Combimation mounting Orwket and collector 5

and an equalizing contactor carried by the rotatable

member and constrained to rotate therewith, the con.

lator compriaung 2 pair of outwardly extending pre.

formed arms, cach arm having a pivotal edge

the mner surface of the rotatable member, the contactor

having a fast contact bution engaving the resistance ele.

ment imermediite the ends thereot and a second contact

button engaging the collector ring for electrically coo.

Meciing the resistance clement to the combination mouni-

ing bracket and the .ollector ming us the rotatable mem-

ber i rotated, the contactor being adapted to pivot on

the pivotal edges for equalizing the contact pressures in

@ Preset Fath against the resivtance element and the cul-

lector sing ay the contactor is constrained to rotate with

the rotatable member

9 be a variable revwtunce control, the combination of

& moontng Pracket having a fat portion, a collector sing

integral with the flat portion of the mounting bracket, an

elevtrmally nomconductive bese provided with an aperiure,

the fut portion of the mounting bracket engaging one

side of the base and the collector ring projecting into the

aperture ut least the thickness of the base, an arcuate re-

sistance clement carried by the other side of the base w

space! concentric relationship to the collector ring, a >

latable member provided with an arcuate cavity opening

toward the collector ring, a shaft connecting the mua

able member to the mounting bracket, the end portion

of the shatt heing divposed in an aperture of the collector

j the

portion of the shaft in the aperture of the collector mag

being enlarged to decrease the tolerance between the

shalt and the bearing, and a contactor nesied in the arcuate

This text is long and has been trimmed here. Open the source document for the complete record.