Appendix — Piher International Corp. v. CTS Corp.

A-l

APPENDIX “A”

In the

Gnited States Court of Appeals

For the Seventh Circuit

No. 75-1100

CTS Corporation,

Plaintiff-A ppellee,

Vv.

Prser INTERNATIONAL CoRPORATION and

Pinger Socrepap ANONIMA,

Defendants-A ppellants.

Appeal from the United States District Court for the

Northern District of Illinois, Eastern Division

No. 72 C 1891

Juuius J. Horrman, Judge

Arcvren Junr 11. 1975 —Decipen DrcemBer 17, 1975

Before Cuark, Associate Justice (Retired)*, STEevENs,

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.

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

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

to application filed February 12, 1968.

2Patent 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.

ERR

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 contro]. The ’285 patent

describes a mechanical assembly which uses a metallic

collector—an essential component of the control—as the

base of the housing.

The principal issues on appeal 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-

lic 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

3Patent No. 3,375,478 on “Electrical Control And Method of Making

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

on March 26, 1968, pursuant to application filed May 1i, 1964.

#35 U.S.C. § 102(b) provides that a person shall be entitled to a

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

one year how to the date of the application for patent in the

United States.

535 U.S.C. 101 provides that one who “invents or discovers any

new and Pp machine, manufacture, or composition ” matter,

or any new and improvement thereof, may obtain patent

therefor, subject to the conditions and requirements of this title.

*35 USC. § 112 provides, in part:

“The specification shall contain a written description 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

clan Gee th Ger ba te GAs OS perce or ath wae &

CREON LILLE SED LANE LELELELEL ILE NIGEL OE ILI EL OTE ERE ELEE ECL TH SNE

‘

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-

mrent, 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 designs

they are enclosed within a dust excluding housing. The

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

forth the best mode contemplated by the inventor of carrying

out his invention.”

735 US.C. § 102(c) provides that a person shall be entitled to a

patent unless “he has abandoned the invention, ... .”

®Piher Sociedad Anonima.

*Piher International Corporation, an Illinois corporation with offices

in Park Ridge, Illinois,

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 the question whether Piher’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.

The issues on eer therefore, involve the validity of

‘604 and °285 and 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 cne 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

ny Corporation has its principal place of business in Elkhart,

11 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.

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

Febuary 22, 1966, to CTS as assignee of Barden and Snyder pursuant

to application filed on May 20, 1963, -

NPIS PERLE CAUTION ANALY ALOR PSHE STINET

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 ’604 the flared bearing is designed to per-

form the additional dust excluding function, a function

not 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-

plicity suggests that the enlarged portion of the shaft may

be 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

a 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

*3In "478 what we refer to as a “flared bearing” is actually described

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

element 3le in Figs. 1 and 3.)

Claim 1 of '604, which reads as follows was allowed only after

an amendment which added the italicized ;

“1. A variable resistance control comprising a dust excludi

housing ha a plurality of walls, a base closing the housing a

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

supported by the housing for rotation relative thereto, resistance

means supported within the housing, and a contactor bm gy

engaging the resistance means and constrained to rotate with the

driver, the driver comprising a body portion and a barrel integral

with the body portion, the barrel extending through the aperture

A-6

decision is presumptively correct, the nonobviousness of

that application of a flared bearing in a variable resistance

peer br. justifies the district court’s conclusion that the

concept was patentable.

Il.

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

attention 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 a

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

attention 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

14 (Continued)

repeatedly em-

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

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

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

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

especially column 4, lines 12-19).

Be a ae pe ee ek ea oe a

\

A-7

that it was a permissible exercise of judgment for CTS

tu omit the citation of the '478 patent during the process-

ing of the ‘604 application.

Il,

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 CTS

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 patent,

not with any particular embodiment—even the preferred

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,

Pilier’s sceond 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

1° The phrase “infringement of a patent” is somewhat misleading since

it is the claims of the patent which define the boundaries of the patent

t. See Deller's Walker on Patents, 2d Ed., §509, p. 165. Al

ere are situations in which the scope of the claim per be limited

by construing it in the light of the specifications, see McClain v. Ort-

mayer, 141 U.S. 419, 424, we see no reason why the portions of the

claim describing the use of the flared bearing to seal in ee

in the housing should be limited by a description in the specifications

relating to another wall of the housing.

os oe ae ¥ ee ae wae Raat eM rele

NOTRE SEF SES PERL POOLS RARE ION EE PAGER a x

A-8

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

ing seals only one of the two holes.” Tt would seem to

follow that the housing was not designed to exclude dust.

In contrast, the “G04 device has only one opening in its

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

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

ine with reference to the periphery of “the aperture,”

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

rather than only one that casts doubt on the infringement

finding; for surely if both holes were sealed with flared

hearings, 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-

ocally 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 redue-

ing the number of parts,'’ and the contaetor is pinched

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

a oy to have been that its flared bearing did not even seal one

of the holes. The district court rejected that theory and we do not

understand appellants to pursue it on appeal.

*See 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

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

, line 1.

1 ETN ERIE R ILENE MH INERT HM Neg WEARS AL REL

A-9

between the collector and the resistance element which are

in parallel planes, thereby maintaining a more constant

preteure 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

resistance control with the contactor pinched between the resistance

element and the collector to thereby maintain ualized contact

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

13-17.

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

the '285 patent which reads as follows:

“1. A variable resistance control comprising a housing defined

by a skirt and an end wall integral with said skirt, a resistance

element lying in a plane and supported flatwise against the end

wall of said housing, a collector supported by said skirt and having

a diameter slightly larger than diameter of the resistance

element and closing one end of the housing, said collector being

provided with an aperture, said collector being substantially flatwise

and lying in a plane in spaced parallel relationship to said plane

po aero said resistance element, a contactor rotatable about an

axis and positioned between said resistance element and said

collector, and driver means for rotating said contactor whereby

upon rotation of said driver means said contractor wipingly a

said resistance element and said collector, said collector rotatably

supporting said driver means in said aperture.”

* These features were plainly identified in the a and exhibits

presented by plaintiff's expert witness in su of the claim that

the PT-15 trimmer infringed the '604 patent. course, as CTS argues,

the fact that the trimmer which Piher was marketing at the time

the litigation was commenced contained the same features as those

discussed by the '285 patent does not necessarily prove that earlier

models of the trimmer contained the same features. However, en

examination of the Piher patent eppceation filed in the United States

on July 28, 1969, claiming the benefit of filing dates of July 30, 1968,

and & 13, 1968, for corresponding Spanish | together with

testimony in the record, strongly indicates that these essential features

were embodied in Piher’s device from its inception.

LOTTO NLS TOR IIMA I Ti PF GD

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

be 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 from 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

"1" 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 United States, or... .”

SMTP R TEI IRR eT RATE RE HIN NEI CRP RRS NE

A-11

precisely have referred to a device embodying or disclos-

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

quently asserted on the basis 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 patentee more than a year before the filing

date. Dunlop Holdings, Ltd. v. Ram Golf Corp., ...... F.2d

wu » 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 category 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.,

461 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., Amphenol Corp. v. General Time ‘

(7th Cir. 1968); Frantz Mfg. Co. v. Phenix Mfg. Co., F.2d 314 (7th

OO. 0.0 ....» No. 73-1900 (7th Cir, N 12, 1

24“The policy underlying the ‘on sale’ bar is to t an inventor

from holding back the secrets of his invention general public

knowledge while at the same time exploiting it commercially

thereby extending the duration of his legal monopoly.” The Red

Cross Mfg. Corp. v. Toro Sales Co., supra, slip op. at 6.

See, also, Frantz Mfg. Co. v. Phenix Mfg. Co., supra, F.2d at 320.

2°Since the “on sale” issue was raised by Piher’s counterclaim, it is

not actually a “defense” in this case; however, since the issue is

normally raised by the defendant, it seems appropriate to follow the

practice of referring to it as a defense.

— ——— — —s pha

— ATH CARRERE ETN PEIN AR LIE PERE TRAN SIN TTD, NEL ARTE OF NI

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 ers 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, 1969. 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

Gunar 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

26See cases cited in n. 23, supra.

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

number of reasons. First of this device, acco: to the

received by him on

witness’ own testimony, was — it was —

RTS FS LOS PRS FS

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 Klass, 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 offered 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 therefore, under the provisions

of Rule 43(E) not admissible on any ground.

MR. ROHRBACK: (C).

ese 8

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, together with the rotor, and we also

see the resistive element with the two terminals attached to

them internally.

Q Where is the resistance element?

A The resistance element is mounted within the plastic body,

cavity and is retained by a terminal on both sides.

Q Where was the contactor with respect to the resistive element

and the collector when you opened up?

A The contactor is —

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)

Ditnnerssnecsesseencensennene EE LEIS LENE LRAT NN

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.”

2°The misnamed “best evidence” rule is found in Rules 1002, 1003,

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

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 original or (2) in the circumstances it would be unfair

to admit the duplicate in lieu of the original.”

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

“".. a counterpart produced by the same impression as the

onto. or from the same matrix, or by means of photography,

including enlargements and miniatures, or by mechanical or elec-

tronic re-recording, or by chemical reproduction, or by other

equivalent techniques which accurately reproduces the original.”

We find no basis in the record for questioning the authenticity of

the purchase order. At the time the purchase order was offered, a

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

proof testified 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 first 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 ry

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.

3o“By Mr. Jones:

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

to describe it from its visual appearance from the exterior.

A It is a PT type — PT-15 Piher molded housing potentiometer,

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

4 test tag on it, has a molded-in Piher Spain name on it.

Q Can you tell us what parts are visible 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.

Q Is there an doubt in your mind, Mr. Klass, as to whether

or not that is the 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 That is my testimony. That is the device I removed from

my —

THE COURT: Did you hear the question?

THE WITNESS: Please read it.

(Question read.)

A There is no doubt in my mind.” (Tr. 1598-1599)

For discussion of identification and chain of custody of “Real” evidence

in civil cases see Admission of Demonstrative Evidence, 61 Nw ULR

472, 478-479 (1966).

RR ONE RE IP DRE TIAL IS ERE a PEN RTI NS ES

4

A-15

As CTS argues, the record 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

rove that the device which Motorola received in the

nited States in April of 1969 disclosed the ’285 invention.

Moreover, Klass’ testimony about the tests performed

under his direction, together with evidence that these

devices were shipped from Barcelona on March 3, 1969,

was sufficient to justify the inference that the Piher control

had been reduced to practice prior to the critical date.”

Thus, the erroneous evidentiary rulings prevented Piher

from presenting a possibly meritorious defense.*

; M

Hearsay in Nonjury Cases, 1970, 83 Harv. Vv.

32 We have not found it necessary to decide whether error was

committed in the exclusion of the written in Spanish

by the

former ident of Piher describing sales activities in the United

States during early 1969. Our disposition of the case will enable

on direct examination, the of those tests is really

of no relevance if it is assumed that $S evidence was ad te

to sustain a finding that the devices tested had left 's

factory in a completed form prior to the critical date.

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

eost 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 imvention 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 abandonment, cf. Dunlop Holdings, Ltd. v. Ram Golf

Corp., ........ iy , No. 74-2024 at 6 (7th Cir., Oct. 20,

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

ntly 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 Popiel 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.

A true Copy:

Teste:

FOR ER EE EE EEE EEE TEETH EEE EEE E EEE EEE TEESE TREES EEE EEEEEEE EEE EE EE HEHE EES

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 Judge***

No. 75-1100

CTS CORPORATION, a corporation,

Plaintiff-A ppellee,

Uv.

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 Ilinois, 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,

v.

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

patent cases is conferred on the District Courts by 28

U.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 Illinois 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, plaintiff 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

. _— eS ee >Re Cet Te

ESL, 2 LESLIE LTE. NS ER LILO LVL LISS:

PEE AE LEIA DELO LL OO LLG OPIE DE, IRM

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

Balil resided in Spain. The managing director of Piher

served as the PSA managing director for the United

ate

ATs IRIAN RR Goma He OSES

C-3

States. Customers apparently dealt with officers of

Piher not in their capacity as officers of Piher, but as

representatives of PSA. 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 plaintiff's 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

get

ee a Se HIRI LINER EL EBL, 8 AE RETL LE ETE TOT A TIS a

C-4

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

8, and 10 of the ‘478 patent.

While defendants did not refute this testimony es-

tablishing the similarity between plaintiff's claims and

the elements of defendants’ PAB 15 controls, they did

argue that no infringing act occurred in the United

States after the '478 patent was issued on March 18,

1968.

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 the 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.

271.

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.

REDLINE BOS LEIA ONE SOON PASSER TREN MP OI oe

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 substantially 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 Subelassified 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

c= apes 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 2 panel and

thereby position the control shaft of the component at

a definite distance from the panel;

[2] terminals for the component a er

substantially perpendicularly to and yond said

plane of the panel engaging surfaces of said

abutments whereby said terminals are adapted to

— holes in a panel upon which the abutments seat;

an

[3] snap-in fingers 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 — on the panel with its control shaft and

— s properly positioned with respect to the pan-

el.

PG en FE EE SENET SAGE OE IA SPIE en ORR ATTA SONA

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

;

ty

2 gent

C-7

on defendants’ Pl’ 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. § 103, 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(e1)(b), 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

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

486.

The ground for the objection was that each of the patents

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

was laid. Plaintiffs counsel offered to withdraw the objection

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

could offer assurance that the applications for the patents

were not substantially changed during their prosecution.

pier 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 purpose 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).

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 5.3.

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 containers or inserts. The plain-

tiff alleges infringement of '604 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,

rec aan counterclaim for declaratory judgment of in-

validity.

’ 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 engaging surfaces of said

abutments whereby said terminals are a apted 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.”

BP RARE NILE EOL BONE CIEE TERR IT AT

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 because of insufficient qualifications

as an expert on electronic components. See 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 cornponent 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.

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 pages 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 plaintiff's 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 show the sale date

(Footnote continued on following page)

|

¥

1G = "

_ ORS LTPP ES EG SL BA OR GI ELE EE POTS RRR RAD

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, plaintiffs 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.

5 Continued ; ;

of the my eegors or the date of placement in public use.

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-

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

placed. That set of interrogatories related to antitrust issues

no longer in the case, not sales of hollow shaft controls.

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 produced 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-

RAS LOY PTET RRR Ge TS BIT GE ARN GET GE INL TG N OEMS A

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-

necessary, 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. Imperial 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. 1 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

é — — WB AE YE ETERS NOL thy ALLEL IITOD

LB IR EINE AE LENO LE LET IE LOLA ETE LED INET LE IER

D-1

APPENDIX “D”

June 30, 1970 T R. BEAVER ETAL 3,518,604

ELECTRICAL COMPONEN?

Filod Feb. 12, 1968

INVENTORS

THOMAS R. BEAVER

eens JOHN D. VAN BENTHUYSEN

FIGURE- 5 ev QBaglee

aT Ge

BLURRED <

i

_

‘ED COPY

D-2

United States Patent Office

3,518,604

Patented June 30, 1970

3.518.604

ELECTRIC AE COMPONENT

Thomas R. Keaver and Jobn 1). Van Keathusser, bart

Ind. assignors to CTS Corporation, Etknart, Ind. a

corporation of Indiana

Filed Feb. 12, 1968, Ser. No. 704,843

int. CL HOte v.02

US. CL 338—166

a

12 Claims

ABSTRACT OF THE DISCE OSL RE

Barrel portion of a control operating means is rotatably

wpporied in an aperture formed ina wall of a compe

fem housing Flared portion of barrel extends around pe-

nphery of the apertise to provule shueng beareng surface

thrust hearing. and dust seal Body portion of operating

means limits the degree of insertion of hartel portion in

the aperture. Base abutting surfaces formed in the hous.

ng. flanges integral with the howung. and standoffs ~

formed on a wall of the housing couperate to prowinely

late the base relative to the howanre Phe standoffs on

the housing and standofts on the base operste to space

the component from a mounting board fermiuniiens

anchored in the hase may inchiade snapoan MOUNUNG Means

for facilitating mountine of the Component on a circuit

board. Cemenititions material miy he used to improve

the seal between the hase and the homsung of the control

Keference is made tw the clams for a legal description

of the invention.

re

The present invention relites to electrical components

and. more partwularly, to electrical components wheremn

| SUPPOTINE member retatably supports a movable con

trol operating means in) spaced telutonship to a hase

member

In many apalications of clectecal COMpOHENES. HN eX

femely important that th: components be provided with

Mens for preventing dust or other foreign matter from

emering the component Often the component ix made

Sarable +o thot the tmpedance of the Component may be

Mather prev ely oad ncurately adssted Tt is desirable.

f net ney essity, that the control operitingy means used ta as

Compl DN sty calpustanentd be spebbe ef minting the

We ew belie untepity of th: component, be ecaly amd

Positively engayeatte ov amially ot by a tool, amd be cap

he of muntoinng @ meiw 6 ting of the component

PFE an lpeament fas become

Herctofne, many component. have Mootporated a

Teshent x thoy membor, suchas a tobbor Orne, cour

Pressed between the wonteal operating means and housing

§ a means for scaling the sompenent apainst dust and for

Provndion adequate rotational tor we, te. adequate frie

Wont pony fame to chances mm the setting of the compo

fet da acted Porter, hewecon the use of such a com-

we fooleot member often has not produced sates

“HOLY Hetty bee ause of the tendency of the compressed

FEMDOO fo wend ap din: ad osament of the component

and ater 4 proane alpatment has been attained, the

nice Of the compressed member to unwind or “spring-

4A" and alter the adjustment of the component, In

Addition, COMpPoNents wane compressed resilient members

have Often heen less than satistactory because the com-

Messed members have esther lost their resihency or other-

“i8¢ become uncompressed with the result that the rota-

Homal torque characteristic of the component has been

changed and the dust excluding integrity of the compo-

Ment has been compromised. In many of the components

employing compreswd resilient members it has also heen

Revemary to permut the control opersting means te have

two deerces of freedom of movement bor exumple the

sentrol operaniag means has been free te rotate in oder

fe adpet the Component and bias been free to move in an

ob dhrecnien to compress the reahent member This

freedom to move in an aad direction hus been found

Perse some difficulty in precisely adjusting a compo-

peat Recsuse the control operating means has sometimes

mowed aecally an the housing when bemg dieneaved by

A oaipscee tol Phas meosement after attamnanent of a

Pothe: Plecee setting of the Component can hace the wn

hesmaite Mectof allenme such se tunp

Sccordinghy. it wonkt be desiante to provide an im-

reoced clectreal component wherein a movable control

SPO Means iN fotatably supported by the Component

housing to present dust fren: entering the housng. where

in the control operating Mm ams is easily and pos tively en

Brccable for adjustment thereof, wherem the movable

control om rating meons inherently tends to maintain set-

tines of the component after precne adjustments thereof

ont whiecran the contol OPC ANG Means mh poutively re-

tronad from mooning axially within the component. It

will be understood. of course. that electrical components

having the oforementioncd and following desirable fea-

tures should be adaptce for automated assembly techni-

ques and should be at least as ccomumical to manufacture

as Te Compe eots. ond heretofore

Ht ale would be desirable to provide an amproved elec-

thal component where o the control housing 1 provided

with base abutting stafaces for spacing the bose of the

ceonponent 4 predetermined distance from the control

opoliting means and wherem the houwung is provided with

one or more flanges swaced around the base to hold the

base aguost the base abutting surfaces seas to present

meres of dust inte the howsang aroend the base,

Many chotrcal components ate trequently provaded

woh borntons adapted to be ploeged into sockets on

cnc beds Accordinely it ade would be desi able to

rrownfe on clectiaal component with terminathons having

soseep an mounting meats that Coohtate mounting of the

component on a cicult board Yet another desiable fea-

toe would be fo prosite means on the housing and ‘or

bave for positively spacing the component from a circuit

Poot 10 frchtate Masteng ond leanmg between the com-

poncnt and cacut bewnd Such spocuipg cbae wohl ag:

compli the dositabbe ceselt of eocomnaping convection

coerent. betwcen the beard and the coupoorcot for diet

polog heat generated danny operation of the component

Acconbgh. anc elyect of the present insveution is to

peosite i cnew and mmproved electrical component having

the satus desimable features set forth above Another

eby tof the present ivention nto provide an clectrical

component particulily adapted for automated: as .cnibly

tecDniques wherein the Component hy dived number

of parts thereby to permit inctessed economics in’ the

moinutiactie of such component Sull another object of

the present invention is to provide a new and improved

clectiical component wherein a movable control operating

means prevents dust from entering the component, main-

tains a predetermined rotational torque during the life of

the component, and iy capable of being moved to effect

a precise adjustment of the component while exhibiting

an wherent tendency to maintain such adjustment. A fur-

ther obiect of the present invention is to provide an easily

and readily engageable movable control operating means

which, when assembled with a component housing, is

rotatable relative to the housing with a predetermined

totatvional torque and which is restrained from moving in

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

ther object of the present invention is to provide an im-

proved clectrical: component wherein means precisely

space the hase of the Component from the control oper-

Sa ee De eS tee

D-3

BAS.out

3

sting became and means bobd the be an asst mbled mba

hon tothe componcet mn onder te prescat the ingress of

duct ornte: the Gout utent aneund the hase A more spect

fi ob pot of the invention is to provide an improved eles

teal CHopeneme eap Mewnag Means and

means for positiely spacime the component from a ci

ctnt Rood auth whi the component is to be ultueately

tse

These objects are accomplished in accordance with onc

form of the pre-cat mecation by prosnting an aperture in

one wall of the bouaung of a satable resistence control

amd ascmbhing a movable control opening means with

seach hou ang by mscring a barrel porhen of the contrt

operating means through the apertere In order to secure

the operating means to the hewsine and form a scat there

with a portion ed the operating eecans Mares outwardly

atoomd the porns et the peeture amd facies a se dine

Phases for conten wath o bearing sorface ce the hewn

while peas cntre withdraw ale the barrel from the oe

te A beaty portan of the opetoting means ume stad wth

the barrel portion. feats the decree of mciten of the

bared poo toa un the apetiye Prodotormnet spacing oft

the Dose from th Contial operating meas i athined by

forming 4 base abate serface or steeuhder internals of

the howwng \ Contragtor cComstrumed te rotate wath the

contre! operate means i Wedced belwecen the operating

means amd ee hase. the Latter tao element, hone belt

a8 fixed prod formed speectal echateon trp ty the fete ene

« oferomootonmed Phe bealy pethon ot the Control apes

Jhoe dreams Can opie adly be di peed amsede en otitsete

the bowone Phe fated porten of the Control operations

pcan formes a dust scl wath the beseng. mann aly

wate fagtionad tesstence te fetaton of the operating

moans prow des a vend Roane si fee while aoteme os

t thot beeuny ond father prowedes a ponte for the

iw thon of an ode tag teal when the Paty porta of

the operate means bo deposc Eanternally of the Pewsene

In order to space the sarable resntunce control fr ‘

hoant on which the Control a0 be mounted. stamdoils ve

formed integral wath the Base and the howene amt m4

preferred embodiment, the stundteffy focmed om the Rows

me provide addinanst means for positron the base rele

thee te the howune Lemmas anchored m the base ure

cunme ted to resistence means and collects means sup

Ported on the base Lo facihtate mounting of the controt

on a cusuit Board the tecmmak may be formed to pro

side SAP en moOUNtAY Means

The subpect Matter whith we regard as our invention

is set forth on the appended chums The invention ielf,

however together wath further objects and advantages

therest may be better understowd by referring to the fol

lowing descoptions taken in compe tam with the accom

panving creatly enlarged drawings

Pie bs an wometan vee of a miniture saname re-

setance Control embodving oor invention BIG Dow a

secoonad view of the variable resstame control of PNG

1 6s Vos an enlarged view of 6 portion of FIG >

Dis Ss an exphaded siew of the sariiMe fesmtince con

trol of PiGs To wath parts Broken away. ond the Base ro

tated PSO" to show the resistance path FIG Sas an po

Meta view oof movable Conteel operate means used

mthe cootolof biG bo amt biG 6 es an Bometrn sew

Of a omtastute Sanahle resetance comtrol boang snap mn

terminal means and emtbadhing our mention

Refernog now more pattcolely to the drawings. a

sateebhe restamce Control embyalyung one form of the

mvcotonas generally atentifad bx the refereme numeral

WO As best shown on BIGGS * mt othe Control 10 Coun

poees a dust cuchating howunge PE a rotatebly supported

contoad aporston gets i the form of a diner ER oa

Pas bhe contacter PS Comat te netiate with the diaves

$2 by the sea has the

teenie of watorba bh ee tes

Bae 6 0S cat thee detec tet oeeetee fe am the Con

tate ont a hee amb 87 Wah nteteme to bis

J theooeh S at wll iw sccm in tthe diner 82 compres 4

-

w

4

(Pra Cid ee | ee Oe

wth a si ate DO bere tote te Petre nit on

foto ol Medea pertictian bb 22 estomdin ys throwen

stare Dhan bea A best ste wan FIG,

a deal portamiet the Bact Mer bata atly oe the

esterd Pades of the apertore 24 te form a Miaed toi,

24 posed oem tae face ef the Rowsing and te form

a duet exutadiae seal acount the poaphery Of Me ager

ture ZR Ny hobdire the diese EP Mendy panned ome sty

ef the beg ne othe cmt 26 of the skeet 27 tcc FIGS

Vint Ys whe the be ate 36 8 bere forined accent ig

eppote ste af the feat the deren a te tithy —

Dhol woth the Renee PE ent any temedeties for anret mone

ment ot tte Parnl 22 oth

vated b

ate shy

ge ortne BB as seh iealty

the oc tren ef the poe et appeased bec ngs

ol set ose the bea aie

Mitesh the Poreel 23 os Mated at the dhetal poron

thereat ot wall Bec apres dy tit tte (at at is enaly

May that opposed bearing cilaces eternal woth the

diet coat wath Corte spamdhing oppencd Db atete contaces

cartied by the he Hho. the sheet 23 oe wall ot tie

pone

pesto fe Pcs a COS CO er Pe Lorod

hore te provide oo pan ot st Mohs op

pened Beatoes suttaes cared by ott th,

barsed ones have oe Dead portent co the form of a hoy ng

feng. coasting wath the Recroae en the besescme Bt wll he

apptectited that whom the tetas bane on the

fiat a cme eg betas be nee suthaces of

the agritorod wall the fhe ene come om tte hu ref

reeey ba be epteed hee . cod then

eppert moe phice me the staters ary Beary Alton wh,

“aye ef the deer aid beecne ome be accompli dod

Wy teertabere the Paateeb ae pensetes nm the aperture amd beat

yom othorwnse deform a penpheral peruon of

oho te teem 6 Mated Dearie counting wath the

eee bea fered on the oesem

Neve having tofereme ome asain te the embodiment

OF PUGS 2 amt bt wall be appre rited that the Maved

Portion of the bar h £2 1 chartered by wvetal dew

ahs operational cha etistics | More spec tically. the

out srface JO of the Meret poten St forms a dust

culating seal wath the Doosan, provndes an annular

hearing 24 for retanon of the dren 12 relative wo ihe

howe TF creates fratronal restame to rotivon of

the diver §2 By reason of the frgnom between bea ing

24 and the Rousing. and provates a self centering gue

wa fora net shown control idiot tool when sinh tool

ws rpserted on the tool reveming stot 32° The integrity of

the scal. resistance to awal movement of the barre! and

fer tonal resistance to rotation in the illustrated embod

ment ate attamame Py reason of vanous structural inter.

relationships Between the driver 12 and the housing I!

bor example, the outer dhameter of the barrel 22 is

preferably selected relate to the inner diameter of the

surface SS of the <kirt 27 to pernut comparatively free

rotaon Ketwcen the driver an! housing while substam

tially preventing movement of the driver radially wth

respect to the aperture Adequate frictional rewsiame ©

ToLaton ty accomplished by estahinhine, during avembly.

a predetermined pressure of engacement hetween the hear-

ine 24 amd a hearing surface Moon the howung Since

the pressure of eneagement mav vary. as a function of

among other things. the angle of inclination of the flared

setae 2@ relitae to the as of rotabon of the dinver

12. the sctual interface area between the bearing wrfat

M and Rearing 24, and the materials used om making the

driver and homung. the oprmum presure of engacemest

ts Rest dotermunet emperncally ation specific: material a

seometrwal Conheurahons hase been selected for i

diver amt howine By sclocting a desiable pressure of

eneagement between the boanne surface M2 ant bean

246 cent By see the Maced parton 3p around

Peveptery at the ape ee a a

seabies attnaedd Te wll abso ot cemse tee appres catesd thet

the aportured wall ot the Rowse PE ps trehtly camden

omer

reat a the cleaver

4

D-4

3,518,604

hetucen the opposed hearings 24. 28 on the diner to

wibstantially aual vent of the driver 92

im the aperture 23 Since it ty Mot necessary to Provide

a reubently deformaMe sealing member, :e) a rubber

Orne compressed betucen the driver 12 and housing #1.

the problems aswuiated with windup and spring hick of

such a member are chomnated and the drive: 82 1 readily

and accurately adjustable im the aperture 23° The shirt 27,

as shown im FIG 4. hay am inner surface 33 defining

the aperture 23 and a track 3$ ty formed around the shut

The stop element 19 carved by the driver ie movable in

the track S$ dunng adpusiment of the control The limits

of avel of the driver 12 are defined by the ends 37 of

the tabionary stop 21 formed integrally with the houwng

If in the track 35

i

The base 39 is formed of any suitable material hut in

the illustrated embodiment is formed of alumna. o high

heat revitant ceramic material Screened on the have 19

i an arcuate resiviant puth 48 of cermet material, 9 con-

ductive center collector 42. and widerable conductors 43.

4. 45 extending hetucen the ends 410, 41h of the re-

wstance clements and the terminal pins 46. 47 and heimcen

the center collector 42 and the terminal pin 48 When

avembling the base awembly 17 and contactor 13 to the

houung 11, the contactor 13 is positioned with the aper-

ture 16 therein drivingly engaged by the howes 14 on the

dnver 12 and the contactor 13 Compresed heracen the

body portion 18 of the driver and the hase 3® as hest

shown in FIG 2 The have awembly 07 is positioned

in the housing WE so that the upper surface 3%, thereof

engages the base abutting surface 49 of the housing The

back wall $0 and udew sills $9. $2 of the houwune cooperate

uth the standoffs $3, $4 for positively hocating the base

felative to the housing Pf Flanged distal portions of the

walls retain the base against the abutting surface 49

More particularly. the wails of the housing are swuped

over the have to form base-retainine Manges $00 $2u as

best Mustrated in FIG. 2 Altbough i is not a critwal

aspect of our invention. we have found that the addition

of a cementitious material along the shoulders formed

Dy the have abutiing surface 4% of the housing poor to

assembly of the base with the houwsung further improves

the dust excluding charactersties of components embury -

"Kk OUF Invention Cementitious maternals suitable for

thy purpene inchide well known vilikone adhesives which

Fenvam on a soft of sem ured state

Now having reference ome more to FIG 2. it will be

Stn that a hip iy provided around the edge of the aperture

23 in the howing HE to improve the dust exchading char

acteristics of the control: Although an adequate dust seal

Can be attained without provading a lip, the preferred em

hodiment of the invention wtihves, as lustrated, a lip in

the form of a flap 86 A relieved atea $7 may underhe

the flap $@ x0 that after formation of the hearing 28 and

Uchrmaton of the flip $6 around the periphery of the

“feiture 23 the flap may he above the relieved area as

shown in the drawing, of actually be depressed into the

Teheved ates, depemting on what pressure of engagement

Retwecn th fap amd bearing 24 has been selected as

SPoMUuM OW conse, ot will be appreciated that when the

Tele poten of the driver and howung as viewed for

Svameke om FAGG 2 4s reversed. the flap may he formed

OF eather the sude $B of the wall $8 as shown or along

We internal surface S$ of the wall GR Although for

MOT app aboms. the telatewe disposition of the driver

and the howone stusteated on 1 IG 2 Ws preferred. im

Tore appheations where a manually adjustable movable

control Operating means ts desued, the body portion 18

Of the driver 12 may he located externally of the housing

end the barrel 22 is flared around the periphery of the

arerture 23 against the internal surface $84 of the houung

"th this alternative arrangement, the periphery of the

* Porton 18 may he knurled of otherwine contoured

1 order to promote facile manual adjustment thereof

AS will be hest appreciated from an inspection of FIG

1, the standofls $3-$$ formed wn the housing If cooper:

ww

“

ot

co

as

ate with the standells $@ fecoed om the base ond pave the

sential from a net shown meownting panel on cncuit

board Such spacing i. often tequrcd in order te yesure

that Mur on solder 66 applied te the terminal pis 46.48

during automatn soldering operations ail net Contact a

Map Portion of the control Im additen such spay ny will

feadily pernut flushing between the toomenal rns after

the control 10 sy mownted on a corcuit Board and will alee

Permit the movement of Comvecteye vn surrents between

the control wind the Boa Now Ruse reference te BMG

Ot will be seen that Gontied 68 Hthusttaved therein a ren

erally wmlar te the Gootrel of PIG: 1 However the ter

munal puny 62 646 have been proveted with madly ond

outwardly diverging cam scements i provide snap on

mounting means With thi artangement, the compouncat

san be readily and easily snapped inte plac on a net

shown printed circuit bourd with the stumdutls 66 70 spac-

ng the control 68 from the Bound

When the contrat Wustrat don BIG Twas actually con-

Mrusted, the base 39 was formed of hiph alumina hav ne

# thickness after firing of about 0098 of an in h. a width

of about 0190 of an inh. and depth of about 0.375

of an inh the ternunal puns 46 48 were formed from un

coated, Ralf hard O01 of an inch dioneter sopper wire

+ and the comfuctive center collector $2 was apphed te the

base The resistame path was wicened onte the hoe

and comeisted af a conmet fesistamee motenal The podhtle

Th of contacter 3 was tated with oy oben centoct but

fon 72 The pradkile TS was forme! town the tents of the

sentacter EV as dlustested ood the denver and housing

Sore mohhad from a thormeplitn material Durga

sembly. the flared essing 24 was termed by heot swae-

Mg ws were the Manges $00 S2a and the contacto: was

wedged between the driver 12 and hase aswembly 17 with

+ the paddles 78. 73 resilently engaging the resstance means

41 and collector 42, respectively While we have shown,

ay an embudiment of our umvention, a contol having a

generally rectangular contigurston it wall be capressly

undertow that generally cylimdenal Controls with the

terminals prowesting thom the sale or the base thereof

can, with equal faciity cmdbenly the present invention

In view of the foregoing it will be appreciated that we

have provided! an improved electral sontrol having im

Proved contrel operating means and having improved

base and homsung strcturst intertclatonships, More spe-

crhcally, the improved contrat epee Means Maes

adequate rotational torque of the Control, is mot sbiftable

axially relative to the housing. amd exhibits ne tendency

ty inberently change the control setting after adjustments

thereto.

While there has been ilustrated and described what is

at present considered to be a metered embatioment of

the present imvention, it will be appreciated that numerous

, thanges and modifications are bhely to occur to those

* skilled im the art, and it is imtended in the appended clans

to cover all those chanecs and modifications which fall

within the truc spirit and scope of the Present invention

What we claim as new and desire to secure by Letters

Patent of the United States is

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

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

ing the housing and forming « wall thereof, an aperture

im one of the walls, a driver supported by the housing for

rotation relitive thereto, resistance means supported with-

in the howung. and a contactor wipingly engacing the

resistance means und constrained to rotate with the

driver. the driver comprising a body portion and a bar-

rel integral with the bexty Portion, the barrel extending

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

ing the driver te the housing, said portion of the burrel

including a flared bearing extending outwardly from the

periphery of the aperture

2 The control of clam 1 wherem the housing com-

Pines abutment means for positioning the base relative

ESE PE

NEST APES HIRT iain

D-5

3.518,004

to the housing, and at leat one wall extends across a

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

swaged over the base to secure the base to the housing

3. The control of chee 2 wherein a plurality of tet-

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

fave thereof, said base and housing having a plurality of

standoffs formed thereon for spacing the control from

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

of the standoffs formed on the housing providing means

for penitioning the base relative to the housing.

4. The control of claim f wherein a collector is dis:

posed within the housing, 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 #ip-

ingly engaging the collector, and the second paddle wip-

ingly engaging the resistance means

S$ An electrical component comprising a housing hay-

ing a plurality of wath, a base chine the housing and

forming a wall thereof, one of suid walls having an aper-

ture therem., a control operating means rotatably sup-

ported in the aperture, resistance meany supported within

the housing. a comtactor wipingly eneaping the resistance

means amd constrained to move upon rotation of sd

contral operating means. the contrel operating means

comprising a Daly portion and a tect receiving portion

asially abened with the aperture, sant control opecatine

means further comping a flired portion extending

around the periphery of the aperture to form a Rearing

suppet for the comtral operating means, te farm a seul

with the Rowong. and te facihtan insertion of a tool in

the tool recenving portion

6 A variate resistance control comprising a dust ev

chading howung having a plurality of walls. a base cloving

the howung and forming a wall thereof, an aperture in

one of the wall. a doiver supported bv the howung for

rotahon relative thereto, resisiame means supported

within the howung. and a contactor wipingly engaging the

reustance means and constcained to move UpEN rotation

of the diver. the driver extending through the aperture

with a portion of the driver securing the driver to the

housing and waling the houwne around the periphery of

the aperture. a sealing blip imegral with sant one of the

wally extending around the periphery of the aperture. sant

sealing hp being deformed outwardly from the periphery

of the aperture and being engaged by wand driver ty im-

prove the seal Between the howwng and the driver

7. A variable resistance control comprising a duvt e+

cluding housing having a plurality of walls, a have cloving

the housing aad forming a wall thereof, an aperture in

one of the wall. a driver supported by the houung for

movement relaine thereto, revisiance means supported

whin the howsung. and 4 conmiactor wipengly engaging

the revestence ineans and CoMtrained to Move UPON Move

ment of sand driver. the diner extending through the aper

ture wath @ portion of the driver se cusng the driver te

the housing and seating the howong around the periphery

of the aperture, sont porte im heding «a Mared bearing

extending around the periphery of the aperture

§ The vontrol of clam 7 where a stop clement ix

8

carried by the driver and cooperates with @ staboniry

stop projecting from sant howing for Hiting MOVvemen

of the duver relive to the housiny

@ A vanable resistance control comprising @ dust ey.

excluding housing having a platy of walls. a baw

. closine the housing and forming a wall thetcof, an aper.

ture in one of the walls. a driver supported By the housing

for rolation relative therety, resistance MEANS SUPP orion

within the housing. and a contactor wipingly eMEApINE the

fesistance means and constramed lo folite with the

driver, the driver extending throuvh the aperture with 4

portion of the driver securing the driver to the houvng

and sealing the housing around the periphery Of the aper

ture, a skirt formed integrally with said one of the walk

1 wn inner surface of the skirt defining the aperture, an an.

nular track formed on a surface of said one of the wall

around the skirt, the driver bearing against sand sbirt,

stop clement cared by the driver for travehine in the

annular track, and a stationary stop disposed on sand track

y SOoperating with the stop element for linuting rotten of

“the driver relative to the howung

1@ An clectiical component comprising a housing hay.

ing a plurality Of wally, a base Glowing the housing and

forming a wall thereof, an aperture in one of the walh,

ay) Fesistance means supported within the howing. 4 com

factor diyposed within sad howsng im wiping ENgacement

with sand rositance means, and a dover extending through

sant aperture Sad dover beng connected to sand con.

factor for umparting movement to sant COmtator along

gue Mant fesstane means. a portion of sad diver extending

vuiwantly trom ihe periphery of the aperture and form.

ng a hearing engaging a bearing surface of said

thereby securmmp the driver to th: housing and waling the

hou ang around the perphery of the aperture.

6 BR The electraal component of claim 1@ wherein a

seabng bp extends around the periphery of the aperture

and engages sant driver to improve the seal betwcen the

housing and the driver

$2) The clectrual component of claim 11 wherein said

we scabng bp is deformed outwardly from the periphery of

the aperture and maintains pressure of engagement with

the portion of the driver eviending outwardly from the

periphery

a3 References Cited

UNITED STATES PATENTS

3.237.140 21966) Barden et al. ......- Wel

3.387.247) «6/1968 ~Mistler .....-. ---.. 328-1

s 3.096.499 7/1963) Hudson et al. ..... 338—174X

1.197.726 -7/190S) Hulbert - 2-22.28. 338164

3.406.167 10/1968 Maguire ............ 338-16

SRUGRAE «POTTER CURE cnces cccccscacs 3

D.218.303) 1171965) Dearle .......... 174—153 X

5S LARAMIE F. ASKIN, Primary Examiner

A T GRIMTEY. Avsetant } cominer

US CL XR.

Vim - 184, 322

ee

E-1

APPENDIX “E”

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

VARIABLE RESISTANCE CONTROL

Filed May 20 .963 2 Sheots-Sheet }

FIGURE |

FIGURE 3.

FIGURE 4.

INVENTORS

an WAYNE A. BARDEN

CHARLES C. SNYDER

BY q

ATTORNEY

LER ELAN RADA ATL SOL LIEK AA I EIR) SEER A wre

E-2

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

VARIABLE RESISTANCE CONTROL

Filed Ma; 20, 1963 2 Sheets-Sheet 2

q ‘5

52

ns @. FIGURE 6.

ro hs 752

-57

FIGURE 7.

FIGURE 9

INVENTOR S

WAYNE A. BARDEN

FIGURE 8. CHARLES C. SNYDER

BY

AT TORNEY

ey

~

i¥

‘

8

4

Ad

535

E-3

United States Patent Office

3,237,140

Patented Feb. 22, 1966

3.237.140

VARIABLE. RESISTANCE CONTROF

A. Barden, Hihhart, and ( haries (. Snyder, Ue.

- to CTS Corporation, bibhurt. Ind.

bled May 20, 1963, Ser. No. 281,005

19¢ (CL 338—164)

The present invention relates to variable resistance con

trols and, mote particularly, to a varible resistance con

trol having a rotatable contact assembly

In recent years, there hay been a tremendous increase

fe the demand for ministure variable resistance Controls

By decreawng the size of the variable resistance control.

Other character stics of the control. ¢ g., rotational lorque,

are also affected and generally decrease, thus increasing

the powibility that the Control will mot maintain tic came

Fevistance setting under normal opersting condition. Im

tial rotational torque penerally os defined as the nucnmnan

tangential force necessary to overcome static fraction for

Fotating the shafi of the control frou one fesistince sol

ting to another Usu lly sunning torque is less than the

inital rotational torque hh would be desirable, therefore.

fo provake a minature vanable resistince control con

siderably smaller than the controls heretofore avadable

with a high rotational torque to vier the ohmic resistance

thereof

Generally, variable res stome controls are provided

with a driver having a shalt molded thereto or tivedly se-

cured thereto in a sutable manner bor cconemy rea

fons, it is desirable to mold the shaft to the dover but, in 4

@ ministure variable tese tance control the diametcr of

the shaft must not be redined bovond a SPoth mannan

dimension. otherwise the shaft prob bly wall be sheared

from the diiser upon rotation of the shalt fn the Past,

Meisd shaft, have been employed with warble re ostance

Controls, Rowever, by sedocing the sive of the Control,

ith wlues tepatd ne cteatanme and the strength of the

tonne ston ate amphted wien the shaft es tewediy sccured

fo the driver Cleatame becones 4 Probhim whem ad

Gtional space mast be provated on the housing to pre:

Yet the means, cp. tobs, scousing the studt te the driver

from contacto other componcnts on the houses on the

inner surface of the howany. Since the Gane ret tonal

force will be applied to the shift repanticns ot the reduc:

hon on size of the control, the strength of the means secu

Ing the shaft to the driver cannot be desteed tt would

be desirable, therefore. to provide a vatuble te stance

fontral with a metal shalt secured to the diver in

Suh a manner that the above mentiond problems are

ehininated.

As typical of the majority of vatiuble resistume con

Hols, tas preferable that a stop means be employed with

The contol to limit rotanen of the control shaft to an

@mrle less than Joo Wath a hatie resistame control,

4 tactueally sound stop mein. tnay be proved in vas

Us Jowations isuke on outside of the housing, however,

a the aze of the control decteases, proportional stop

Means become structurally weak especially af the stop

Means is connecied to the driver, and it becomes neces:

Sty that an enlarged stop means be employed to assure

That the stop means will not be sheared off when the con-

WO shaft is rotuted thereagaimst, It would, therefore,

tho be preferable to provide a miniature variable resis

fance control employing stop means having th: same

Mructural strength as found in Larger control unis

The mounting location of the variable resistunee cons

Hol unit determines the type of shaft necessary for oper:

Ming the contol, MH would. therefore, be prefersble to

Provide a variuble resistance control wih micans for as:

Smblying the shaft in a simple and facile manner

Accordingly, it 1s an object of the present invention bo

Provide a new amd unproved vate heitance control

Havens the vanes dese te featine. ct forth above

Another olyot of the PSCnT Hak nto bt prowade a

HN tae Vatnabhe tess tomee Conteal having a heh te

Titenal tongue in proportion te the sce thereof

Stl another otyect ot the Peer Invention is te pro-

Site a Vattable resistance Comtrod woth Cattenes types shafts

A farther obbect of the Present ive

Hsanable fesistumce contr with waproved stop me uns

A sul farther object of the Prescat mvention is to pro-

side a Sortable resistume control woth a diver having a

sated for en losing the contact oss cmbly

Porther objects and ‘Mopes of the present inven.

Hon will become opporert as the following dh scrptien

Proveeds, amd the toate of novelty which Characterize

The Invention will by pomtod out woth portculsety on the

shams annexed to and forming 6 poof thes specification

Brel). the saruble resstumoes Control SOMIPEINES a sup.

Portine member of weeletine moter Ravine an arcuate

Fentinge film dispeset on the top sarfece thereof, A

molded cupeshoped driver have oo Contact assembly

mounted within the cavity of the diver for rotation there-

woh sopperted on the supporine member The sup

Pung member and tre diver contemne the contact

asscHibhy are emlosed ina heesne. and rotatable means

engageable from the exicnor of the housing is cmploved

tor altering the anguloe posinon of the driver and the

Seat acembly with respect to the supporting member.

As the driver is rotated, 4 contact button secured to the

contact assembly wipes the tesistance film at any desired

Pot antermedsie the ends thercot, By enearing the

remipheral bp of the cop-shaped diiver aguunst the sup.

POruAg member, sullinent tacten w obtained therebe-

tacem Thus the resistance secine will not chanee due

fo centrifugal forces and the lhe, ond the employment of

sullcent rotutonal forque Ww MEKOSaty to Overcome and

alter the vepine poston of the Contact button on the re-

sstance tlm. Permunals are electra ally coumectedt to the

cots af the aretiate tesistanee fi and toa Collate but:

fon coiled by the montane til for electric lly con.

necting the variable resistance Controd into a cinint. The

Hever iy ptovated with a simple means for asscnitying

any one of several Siitts therete for rot ston: the driver

from the exterior of the housing The shafts wcured to

the diver in such a manner that ao Portion thereol pro

eels onto the cavity of the driver contaimme the contact

assembly, Any one of the several shafts iy provided

with a literal eatension, re. a Mop member, fer engag-

‘ig an inwardly catending prow ction such asa Mop pin

inthe housing to tint the ameula totation of the driver

For a better understanding of the Present invention,

tefereme may be hal to the *OMmMpunying drawings

Wherein the same telorence numetily have been applied

to the parts ond wheren,

HIGURE 1 isan womettic view of a variable resistance

control:

HIGURE 2 is a sectional view of the variable resistance

control of FIGURE, 1;

HIGURE 3 is an exploded view of the variable resist.

ance control of KIGUKE 1;

FIGURE 4 is a sectional view of the control taken

along line IV—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;

VIGURE 6 is u top plan view of a shaft of the con-

trol;

FIGURE 7 is

FIGURE 6,

VIGURE § isa front elevational view of another em-

Hodiment of a vorible resistance control, and

a side elevational view of the shaft of

E-4

3,237,140

PIGURE 9 is an isometig view of the shalt of a con-

fool

Hefersiny tow tee the drawing. there by thastested 4

comtiad gone ty tdacted at

fer eed OD Meee ete of the bonsi

aie Supporting member 20.4 Contact assembly M, ond

a dover 40 rotatably supported on the supporting men

her or base 200 bow the putpos of rotating the ditver

40, a shaft $0 opcrtycly Conne.ted to the diver iy en

gageable from the eatcrion of the housing.

Consvennge first the bousing Pho a specifically con

prises a hollow cyhndiical member 12 having « centially

apertured Closure wall E3 at one end thereat and oper at

the othe: end 14 thereot. Although the closure wall 13

is preferably an integral part of the housing fi, tw te

be understood that the closure woth ES may be anicgr alls

or dorahably secured aa suatabro manner to the Lectlarw

eyhadecal nember $200 The howune OP os mounted on

the supporting meme 2O and we ively secuie]d thereto

im a switable manacr | Patending through an aperture 0S

of the clove wall $3 of the howane Hh the shatt $0

totutoble externally of the howang and operatively qon-

nested to the diver 40 supported an the howung on the

suppebag membor 2@

As beet comin PHGULKES 2 ond dot the diasains, the

supporine meres 20 ay provided wih a cornteren

tally catending groove on Showktor 20 for supporting the

howang BF In the preferred tarm ef the mvention, the

howing BPs provated with a comploamentary circumicr-

catally extendmg shoulder §@ isco EIGURE 3) engug

ing the groove JE wad then by loc ding the supporting

member 20 with respect to the inner surfiwe of the clo-

sure wall 13 of the howing Hl

As typteal of most vatiuible resistance controls of the

totatauble type, the top surface 2a Gc HIGURE 4) of

the supporting member 20 a provided with an arcuate

reswstance tim 22 ef cathen or cement composition

After the arcuate resistance tim 22 has been suitably

scomed or bonded tu the top sutloce 20a of the support

ing member 20 wn a manner well Known in the cnt, a poe

of teramnats 23a and JM are cured to the supporting

surface 20 with a switable Dech temperature nomondus-

tive epory cement. Phe end of cach of the termunals Isa

and 236 engaging the bottom surface of the supporting

meinber 20 is provided with a Literal extension 23¢ and

23d respectively, cach of the Lateral evtensions having an

upended portion projecting throuch the supporiag ment-

ber 20 and commun sting with the top surface 20a there-

of as best seen in FIGURE 4 of the drawings. When the

terminals 20 and 23 have been firmly secured to the

base, a conductive film such ay silver paint or other surt-

able conductive material as applied onto the top surface

201 of the supporune member 20 adjacent to the upended

Portions of The ftesal evtemsem: 2X and 234 to connest

electrically the upended portion of cach of the termmals

to the ends of the arcuate resistance fila 22

In onter to provide means bor Cleurteally commecting

any point intermediate the enty of the resistance film

22 externally of the Qontro! $0) the supporting member 20

is prosaled cotta hot 24 for recenie a conten terminal

25, the terminal 25 also bemne bonded to the supporting

member by a soiel’s hich temperatars nonconday tive

epoxy cement Ao estar button 28a normal to the

inner emd of the icrmmnal 28 and onicerally connected

thereto ty Cher EN ent De ne tts ed eat ts

sembly 30 to any pooit anteranediate the ends of the ie

setance filme 2200 Pretesably. the top surface 2@a of the

Supporting menibe 2Oe provided with a recess 29h, the

depth ot ths recess being sub tantially equal to the thigk-

new af the cotter Saitanm 28. soos to posdion the top

surface thereot sebstontially an the same plang ay the re-

sistang, film 2200 Sforeoser. hy disposing the button 38a

in the recess 24 of the supperione member, the overall

horshioot the water lo fesetome control 1 may Re kept

ata mann

vated

In acord with the present invention, the suppor,

mows 20 m prowikd wih another eircmnborentiatly

eaten hens showkl : 26 daposed maa diy ol the Ue

ferenietly catenins sooukler 2b for Supporting one end

of the driver 40 en the housing FE As tet wen in big,

UKES 2 and 4 ot the drawings, the shoullors 2t ang %

of the supporting member 20 provide CHrcula poriphes 4)

pers along the outer edre thereof, The diver ag ol

mokted Consteucten os provaded with a depending Ranee

41, the peripheral lip 4tea thercof Gircumposng the ay

dey Jeo ot the supporting momitat 2M will te Appi.

ceed that, in operation, the tore exerted by the drives

40 against the supporting mearber 2 and the Co thens

vt friction determing the amount of torque Hee vnary wy

;, fetate the driver with respect to the supporting member

for altering the resistance setting of the control For

bang the driver against the suppuilias member 29

a thrust washer 42 diposed invite of the howwng be.

tween the top sartace 400 of the dover 20 and the inner

cy Mbace of the closure wall iy employed = The thay

washer 42 alw ctlectively seals the upper portion of the

howsng PF and prevents moisture and the like from enter.

my the lower mner portion of the howsne Ky alterins

the thakness of the thrust washer 42, the force ererted

wa ly th: daver 40 ayant the supporting member may be

wail

A bet wen in PIGURE 3 of the diaaings, the driver

40s provaled with a downwardly extending post or bow

43 conteatly locoted in the Bottom wall ef the driver

4@ for supporun: and centering the contact avembly

30 More specially. the Qontat awemoly Woy pro.

vedo wath an apertued inwardly extending tongue 3,

the downwardly eatending bos, 43 of the driver 48 being

inserted on the aperture of the tongue 31 for centering

~ the contact ascmidy 30. In order to assure that the

coniat acembly Je a properly mounted in the driver

and totatable therewith, the inner portion of the driver

40 Ws provided with a pair of spaced slots 44a and 4

for recensing a par of outwardly eatending taby 33e

and 39 sespectively of the contact assembly. Each of

the slots ov disposed between an abutiment propecting in-

wardly of the depending flange 41 and the surface of the

boutom wall of the duver 40. By mounting the outward-

ly eatending tabs 33a and 334 of the contact assembly

30 in the slots 440 and 444 and the apertured inwardly

evtending tongue Moover the downward extending post

43. the contact asembly ty properly centered in the

diiver and rotatable therewith The post 43 centers the

contact awembly 40 and the outwardly extending tabs

33a and 39h finedly secured in the slots constrain the

contact awembly 32 to rotate with the driver. The slots

44a and 44h may be provided in the depending flange 41

of the driver. I ix, however, preferable to reinforce

the area adjacent to the sloty with suitable abulments

and cement the taby 33a and 334 in the slots 44a and

44h

For the purpose of electrically connecting any point

intermediate the ends of the arcuate resistance film 22

to the contact button 28a integrally secured to the cenict

terminal 2$, the contact awembly) 3@ is provided with 4

reverse!y beat of turned-in finver 34 extending from the

haw JW: thereof, the tip thereof contacting the collector

button 2&6 (sze EIGURE 2 of the drawingy). The

floibility of the finger 34 iy increased by connecting #

4 #6 a pent most remote from the center of the contact

ascmbly 30. A pair of Miurcated arcuate aim

and 38h oxtembine from the bass Mu of the contact a

omy toward the side diametrically opposite the bat

jon fy support a carbon contact button 36 arranged #

the housing so as to wipe or ride over the arcuate reset

ance film 22 as the driver iy rotated through a preseler

mined anvle.

According to the present invention, the contact ae

bly 3, the arcuate sesistance fila 22, and the contat

75 button 28u of the center termunal 28 are emloxd wun

>

S

ow

—

‘

|

|

E-

5

3,237,140

the area defined by the downwardly eriending Munce 41

of the driver 4@ and the top surface of the supporting

member 20, and, av explained shove, the friction hetwcen

the peripheral lip 44a of the Mange 41 of tin crivce 40

end the supporting member 26 present. the dinar from

heing madvertently roictcd by centelupal fcc on the

hhhe with respect to the supporting member 24 li to

be understood that a portion of the driver con faction

ally engage the inner wall of the cylindrical men cr 22

In the illustrated arrangement, means must te pro-

vided for rotating the driver extermally of the housing

Obviously, a suitable tool, eg. a «rewdiiwer. can be

imectied imto the aperture 18 of the howwne EL for

operatively engaging the top surface of the drive 40

Under such conditions, however, additional me ins woul!

be necessary for rotatably supporting the end of the

driver most remote from the supporting member 20 Hy

Providing the top surface of the driver 40 with a non-

cwcular cavity 48 (see FIGURE $ of the davies) and

by providing the end of the shatt $@ with a conficuiation

ry to the cavity 48. ic. @ momo lar mem.

ber, the circular portion $2 of the shaft journaled in the

aperture 9S of the closure wall $3 of the heswine a’so

rotataMy supports the driver 40. Moreover, the end of

the shaft S@ can he inserted into the cavity 48 of the 2

driver 4@ in a simple and facile manner Whoa th:

control 10 it provided with a short shaft £0. a stot S1

is inserted im the end thereof Accordingly. the shaft

$@ transfers the rotational torque applied from the ex

terior of the housing to the driver 40 interior of the :

housing and. at the same tine, fOtatably supports one

end of the driver in the housing. By detachably sccusine

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

vention, it is possible to avsemble quickly wariab'c resist-

ance controls with various types of external shafts and

Prevent foreign maticr, eg. tures and the like. fiom

enicring the cavity of the driver encloving the contact

assembly and th: resistance element

_ When operating the variable resistance control 10, it

iy preferable that some means be emploved to howt the

angular rotation of the driver 40 and the contact as-

sembly 3@ mounted thereto. Otherwise, the carbon but.

ton 3 will show rapid wear when wiped over the ter-

minal ends of the resistance element in the preferred

form of the invention, the housing W118 is provided with a

Slop means, ¢.p.. a downwardly extending projection such

aS a stop pin 87 (sce FIGURE 2) for limiting the rotation

of the driver 40. As the shaft $@ is rotated. a stop mem-

her $3, as best scen in FIGURE 6 of the diawines, en-

Rapes the stop pin 17 and prevent. further rotation of +

the shaft $@ and the driver 40° Since the shaft $0 is of

a hard material, for example, stcel, and the stop mem-

her $3 is an integral part thereof, inadvertent excessive

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

5@ or the stop pin 17 from the housing 11. Moreover,

since the stop member $3 is integrally connected to the

shaft, the strength of the connection between the shaft

and the driver is immaterial. A notch 28 (see FIGURE

1) provided in the supporting member 2@ engages an in-

wardly extending detent 29 in the housing for orientating

the member 2@ with the siop pin #7.) Thus the stop pin

17 siways halts the angular rotation of the driver 40 when

the carbon button 36 of the contact assembly 30 reaches

the end of arcuate resistance film 22

In order to maintain the supporting member 20 fixedly

‘ecured against the shouller 16 of the housing 11, a

ground plate 18 as seen in FIGURES 2 ard 3 of the draw-

ings is disposed against a portion of the bottom surface

of the supporting her and the contig portion of

the cylindrical member 12 of the housing. c.g.. by welding

the ground plate 18 to the housing. If st iy desirable to

seal the unit, a nonconductive cpory coment 19 is pouret

into the cavity defined by the bottom surface of the sup-

Porting member 20 and the lower portion of the inner

wall of the cylindrical member 12. In some applications,

——

it ts preferable to ground the housing to various circuit

components of the he Consequently. one or more not

shown depending terminals are provided with the ground

plite 18

The embuahment scon un HIGUKD § of the drawines is

sab sentially the wane os the embodunent of FIGURE F,

the main dflecence boing that the housing §4 1 provided

whoa threaded portion §8) anda shoft $6» provided

woth a substental extrnol kength for supporting a not

hewn control heeb onthe Whe Phe internal comstiug-

tron ef the sanuble fosistance conteal seen in TIGURE

Kan wleateal te that wean PIGURES 2 6 of the draw.

mys The shaft §@ Gan be provided woth a flat surface $7

on the shart may be cylindrical as shown in PIGURE

of the drowines, When a long shift 66 1s employed with

the howsung $4. the shuft 66 preferably ix provedked with a

suuinferential proose 67 for recone a C-washer 68

i order to festrat mower ent of the shaft and prevent

dlamave to the supporory ember 20 and the driver 46

fan exnessve aul fore i applad to the shaft

The operation of the presem invention will readily be

undertone) om wew of the detailed desorption munluded

above. and ne further Aiscusaen mn included herewah.

It will be appre.sotod that the termunals 28a and 24 may

beoof ware or scuteble muatcral for clectocally Connecting

the veriebte tesstame control 10 inte the cucu

Wilule there has been dhistioted and dessnbed what is

at present comsadcred to be a preferred embodiment of the

Paseat invention and a sack modification thercef, at

wall be appre coted that nemerous changes and modifica-

toms ate Dhely to ogcur te there skilled in the art, and

ito intended on the appoaded chums to cover all those

changes and modifications which fall within the true

spirit and scope of the present invention

The invention claimed i.

VA satiable res. tance control comprising a hollow

Viindtieal howsng bavine a centrally apertured closure

wall atone end thereof snd open at the other end thereof,

a dover diypesed in the howing basing a Mance spaced

from the inner surface of the evliadrical housing. «a sup-

Porting member clowng the open end of the covlindncal

housing. the inner sutface of the supporting member fric-

tionally engacing a peopheral lip of the flance of the

driver, a resistance clement disposed on the supporting

member. a contact assembly secured within the flunge of

the driver and dispose above the supporting member,

the contact assembly being provided with a contact but-

ton adapted for wiping the resistance clement at any de-

Sire | point intermediate the ends thereof, means extending

throuch the aperture of the closure wall and rotatable

from the exterior of the housing for altering the relative

Po.tion between the contactor and the resistance clement,

and means for connecting the control to an electrical

corenit.

2. In a variable resistance control, the combination of

a housing having a centrally apertured closure wall with

a downwardly directed peripheral flange to define a cover

open at the bottom, « supporting member closing the bot-

tom of the housing, means for securing the member to

the housing, a molded cup-shaped driver encloed in the

housing, « peripheral lip of the cup shaped diiver slide-

ably engaging the supporting member, a contact assembly

disposed within the cup shaped driver, a resistance ele-

ment mounted onto a surface of the supporting member,

5 said contact assembly including a contact adapted for wip-

ing the resistance element at any desired point inter-

niediate the ends thereof, and means extending through

the apertured closure wall of the housing and operatively

connected to the driver for rotating the driver and the

contact mounted therein.

3. In variable resistance unit, the combination of a

housing having a depen:ting flange and open at the bottom,

a base closing the bottom of the housing, a resistance

film bonded to 4a surface of the base, a cup-shaped driver

rotatably supported on the base, a peripheral lip extend-

E-6

3,237,140

ing from the cup shaped driver stideably enyaging the

bate, means clectinally connec tiny the resistance filin te

the exterior of the housing, a contact assembly tively

secured to the cupsbaped driver and a fotatable meaty

extending through an aperture in the housing and engare-

able with means provided in the bottom wall of the cup-

shaped duver whereby rotation of the rotatable means

wipes a contact bution of the comact asembly acrow the

resistance film intermediate the ends thereof.

4 Anelectrical control compriving. « hollow cy lindsical

housing having « clos end and an open end, the closed

end being provided with an aperture, «a base mounted in

the open end of the cylindrixal housing, a cup-shaped

driver rotatably supported on the base, a resistance cle-

ment fixedly mounted to the base, a contact assembly

mounted in the cup-shaped driver and including a contact

button adopted for wiping the resistance clement at any

desited point intermedaste the ends thereof, and a sholt

extending through the aperture of the howsng for ett

ing the driver, a nencircular member attache! to the shaft.

the top surface of said cup-shaped driver being prow ated

with « noncitcular cavity having disposed therem the nen-

circular member attached to the shift, the other end of

the shaft extendin: through the apecture im the oy hindi al

housing whereby rotation of the shaft alters the position

of the driver and the position of the contact button on the

rewstance clement

$A contact ascmlly for c sanuble resstunce control

having a driver. a collector button, and a resi-tance cle-

ment, the contact assembly compreing a base. « tongue *

eviending from the base and proveded with an epenine

for centering the contact assembly on the diver of the

control, a pair of spaced tabs depending from the base

for fixedly securing the ancular position of the cont at

asveembly with respect te the diner a resenscty boat last

connected to the base |. encagmeg the collector button of

the variable resistance control. and a pan of bifurcated

arcuate arms extending from the ba to a point dismet-

20

fically opposite the bave, the distal ends of the arcucte |

arms being puncd to cach other to provide meany for sup-

porting a carbon contact button, the carbon contact but-

ton being adapted to wipe the resmance clement diepowd

in the control.

6 A driver for a variaMle resistance control having a

supporting member, a resistance clement carned by the

supporting member, a contact asscinbly provided with «

pour of tabs and coposing the tesetonce clement, and «

shaft, the diver comprising a cuculir member having a

top surface and a bottom surface, the top suifice of the

circular member beime provided with a cavity for tecen- oo

ing the distal end of the shaft. a bows scoured to the bottom

surface for centering the contact asembly of the control.

and a corcular flanre integrally secured to the cuculor

member and having « penpheral hp an frichenal encape-

ment with the supporting member of the control. the

flange being provided with a pur of spaced slots for re-

cerning the pair of tabs of the contact assembly to tepester

the assembly with the driver.

7 In a variable resistance unit, the combination ef a

base having a citcumferentially eatending shoulder, a te-

situnce clement divposed on suid base, a) cop shaped

driver having a downwardly directed Mange. the bp portion

thereof being in frictional engagement with the circum.

ferentially estemtiag shoulder on the bow, 4 contact awn

bly mounted in the cavity of the diver for electrically

wiping a button ocross the fesetunce element, a hollow

cylindrical howsing enclosing the diver and supported on

the base, the howe basing on end wall provaded with

# centrally located aperture. and rotatable means extend:

mg through the opetture and cocageable wilh a cavity

communicating wath the top surface of the driver.

8 An clectiical control comprising a housing provided

with spacad apart front and rear walls, ene of the walls

being provided with an aperture, a driver having a bear-

in: suiface, the bearing surface bemg in frictional en-

kagement with the inner surface of one of the wally of the.

houwwnr. an annuler tog of tehent material intermey, i

one of the walls of the housing and the driver for bisuns,

the driver agoiet the other wall of the housing, a cop.

tat asscoibly tivedly scoured to the driver. me vty top

making an electrical connection to the contact acmbly

a fesestonce clement diyposcd im the howung IMFCT ME Uhate.

the wally thereot and clectrigally connected tos puir of

termunals catending from the housing, 4 Contact bution,

inounted on the contact avembly and adupted for Wiping:

the reustance element at any desited pomt interinedigie.

the cads thereof, and means catcnding throuvh the afer.

fire amd rotatable from the catcror of the housing for

altering the relative position between the contact butiog,

and one end of the resistance clement

9 fo 4 variable resistance unit, the combination of a

sepperinags member provided with a supporting surface,

an atcuste festance means scoured to the supporting

surfice. a cup shaped driver supported by the supporting

surfece, a collector button centrally located and fixedly

secuted to the supporting member, a contact awembly

frvedly secured within a cavity of the cup-shaped driver

cmd oncludine a contact button for wiping the resistance

mcoms ot any dosited point intermediate the endy thercof

nda heager in electrical contact with the collector button,

« hellow cplmdinal Rowung provided with a centrally

Lportecd closure wall at one cad thereof and open at

the other end thereof for receiving the cup-shaped driver

ond the supporter member, revihent means dispored be-

tweca the ner surface of the closure wall of the housing

aml the cup-shoped driver tor bing the driver ogount

the supporting sustoce. means for fivedly securing the yup-

pertng -urfase wahin the howwng. and means operatively

comm tad to the enter surface ot the driver and en

pecsice trom th, exterior of the hou-ing for rotating the

cop hoped driver and the contact awembly through a

pres termned ante.

10 Ina variable resistance control, the combination of

a howunr provided wath an apertured end wail, a support

wet menbse mounted in one end of the housing in ypaced

nelotionstup to the apertured end wall, a circumferential

shoulder extembng inwardly of the supporting member

and unteytally connected thereto, a driver disposed in the

how ing intermediate the end wall and the supporting

, Momber and Raving one end rotatably journaled on the

coctintcrential shoubder, a detachably secured shaft jour-

noled in the apertuted end wall of the housing and ro

Latibly supporting the other end of the driver, and means

mounted to the dhuver for wiping a contact button imier-

mig bate the ents of a resistance element disposed im the

huveing. the means mounted to the driver being complete

Wh ciated from the end of the shaft.

11 In 3 variable resistance control, the combinstos

of a housing provided with an apertured end wall, a sup

, Porting member mounted im one end of the housing i@

spaced relotion-tup to the apertured end wall, a circum

ferent | shoulder extending inwardly of the supporting

mower and integrally connected thereto, a driver de.

posed in the housing intermediate the end wall and the

supporting member and having one end rotatably jour

nilet on the circumferential shoulder, a shaft journaled

im the apertured end wall of the housing and rotatably

supporting the other end of the driver, a resistance cle

ment wdhcred to the supporting member and encircled bY

the sucumferential shoulder, and a bifurcated contact

* soembis mounted to the driver and supporting a contact

button for wiping the resistunce clement intermediate

cots thereof,

12. Ina variable resistance unt, the combination of §

loved at ong end and opet

at base member closing the open end of

the bouwang. the housing being provided with a centrally

located aperture. a resistance clement disposed in the host

ing. a driver mounted in the housing, 4 sentact 2

.onstruned ty rotate with the driver, a shalt journakd ®

BLURRED COP

——

Saint Benet 0

E-7

3,237.140

the centrally located aperture. a stop pin, and a Liters!

evienwon integral with the shaft detining a step member

cnpageable with the stop pin for hiawcung rotation of the

shift te an angle of lew than Wor, 4 portion of the Literal

extenwon and of the shaft heing diaposed ina mating

cavily provaled in the driver comtraioing the diver to

tutate with the shaft

13) A variable tewstance unit compriving a hollow

howwng having an apertured Closure wall and 4 depond

ing Mange to define a cover open at the bottom. a diner

dispored in the howwng, a supporting member covered bs

the bottom opening of the housing, a resistance element

secured to the inner surface of the supporting member, a

contact assembly secured to the driver and rotatable there

with for wiping a contact bution along the resistance ele-

ment intermediate the ends thercof, a shalt extending

through the aperture. a stop pin, and a Lateral extension

integral with the shaft defining a stop member engipeatle

with the stop pin for limiting rotation of the shaft to an

angle of bess than 36°, the jower portion of the literal

ERS I TR ee

10

evicnsenm and of the shaft’ hong diaspoved im a mating

sity preveded in the diver comtraning the driver to

teate wath the stooft

Relerences (ited by the Faaminer

UC NITED STATES PATENES

Ae ee ee | : Vin 1X

. UK UY 9 tk Niles ite 164

J eit Sat S Vie Nialles ae te fad

"S76.008 EF P9St Rahmometal 2 tie IBEX

2b tb VoIMSs De Heil it Vin. WIN

> "KY 9 8 MST Atemanet al 0...) Uk dos X

Peto? TES Da hems ot al Vin G74 N\

PaTH IY 11989) Held Bek a Vin 164

Pogson 7°19) Mucher a Vik tnt

e499 7 et Mdon etal _- Vin 174 XK

RICHARD) M. WOOD. Primers IF waminer.

F-1

APPENDIX “F”

March 26, 1968 J VAN BENTHUYSEN ET AL 3,375,478

ELECTRICAL CONTROL AND METHOD OF MAKING THE SAME

Filed May 11. 1964 2 Sheets-Sheet 1

FIGURE 3.

24b TT 2 24a

a §

aT NEY

| F-2

March 26, 1968 45. VAN BENTHUYSEN ETAL 3,375,478

ELCCTRICAL CONTROL AND METHOL OF MAKING THE SAML

Filed May 11. 1964 2 Sheets-Shee*

4tta

FIGURE 5.

INVENTORS

JOHN VANBENTHUYSEN

WAYNE A BARDEN

FIGURE 6. by

ATTORNEY

aes ELEN IZ LLII TILES: ICING, — PAE ELE OCG LI ELLE ID DY ES IEA CII SENET

F-3

United States Patent Office

3,375,478

Patented Mar. 26, 1968

—_

3,375,478

ELECTRICAL CONTROL AND METHOD OF

MAKING THE SAME

Jobe Van Beathaysen sad Wayne A. Barden, Fihhart.

led, amsiguers te CTS Corporstion, Etthart, led. 2

corporutios ef fodiens

Pied 11, 1964, Ser. No. 366,543

te Clade. (ch 338—174)

ABSTRACT OF THE DISCLOSURE

A variable resistance control having a resistance ele-

ment on an electrically conductive bracket in-

tegral with @ collector ring A rotatable member is re-

tatably secured to the bracket with an electrically non-

conductive heat-deformable shaft. The portion of the

journaled in an aperture provided in the bracket is

to increase the diameter and improve the bear-

ft between

integra!

resistance element for stabilizing the rotatable

€ to the resistance element and an equal-

tor pivotally supported by a pair of arms is

in the space

He

RERE

if

it

I

SE

particwjatly, to a variable resistance control of the

provided

making >

Many of the variable resistance controls presently man-

must meet many design and test requirements,

mple, the shaft must he rotatable in a substantially

manner, and the fluid or lubricant in the bear-

must not impose a substantial load upon the shaft at

at subnormal tcmperatures wr flow out of the bearing at

) glevated temperatures. It is well known that several ma-

terials such as nylon are euclient bearing-forming ma-

“terlals since these mistesials nced not be lubricated with a

fluid. Consequently many shafts whether of brass, steel

of the like are journaled in nylon bearings. Such con-

Sruction, however, requires that the shafts usually be

, Machined in order that the proper bearing fit he main-

tained. In recent years, the vost of some variable resis-

tance controls bas been decreased by making the shafts

of an electrically noncondustive material such as nylon.

shaft construction is shown in

3,032,734, dated May |}.

ring.

present invention relatcs to electrical controls, and,

the

AEF

of

Fs

thtance control.

Que of the most difficult requirements to obtain with

© decrease in size of a variable resistance control is to

the proper rotational torque. Thrust washers and

the like generally become ineffective because the washers

8m provided with standard manufacturing tolerances.

lore, whenever a oylon shaft has been used in the

the shaft and the bracket. An annular |

with the rotatable member slideabdly en- ~

between the shaft and the .

with a rotatable contactor and to a method ”

=

yo

manufacture of a variable resistance control, the method

of oMaining the proper rotational torque has been ac-

complished an the same manner as with metal shafts. It

would, therefore. be desirable tu provide improved means

fur maintaining the proper rotational torque by prestress-

ing the nylon shaft during the provess of assembling the

vatiable resistumee control.

The conventional variable resistance control generally

employs a rotatable contactor fixedly secured to the ro

tatable member, ic. the driver. As the size of the control

decreases, greater problems also are encountered in con-

straining the contactor to rotate with the driver. More-

over, the deviation in contoct pressure of the contactor

varies invetscly with the size of the contactor sine the

contactor a> well as the other parts of the control are

made with standard manufacturing tolerances to main-

tain cost at » minimum. Thus there is a tendency for a

greater differential in contat preswres to exist against

the resistance clement and the collector ring. It would,

therefore, also be desirable to provide a variable resis-

lance control with improved means for constrsining the

contactor to rotate with the driver vs well as employ a

contactor having mean» for equalizing the contact pres-

sures in a preset ratio against the resistance clement and

the collector ring.

Accordingly, it is an object of the present invention to

provide a new and unproved variable resistance control

having the various desirable features set forth above.

Another object of the present invention is to provide

a variable resistance control with a shaft of an elec-

trically nonconductive heatadeformable material, the end

thereof heing swaged tu secure the shaft to the mounting

bracket and to inctease the diameter of the shaft in the

bearing supporting the shaft.

An wdhhitional object of the present invention is to pro-

vide « variable resistance contrul of simple and compact

Structure with @ rotatable member having an integral

shaft rotatable in a bearing and an additional annular

bearing equally spaced from the shaft and disposed within

an afvuate resistance element for climinating the wobble-

ness of the rotatable member as it is rotated.

A further object of the present invention is to provide a

variable resistance control wherein the inner periphery of

the collector ring functions as a bearing for rotatably

. supporting a shaft and the outer periphery of the collector

ting aligns the base of the control supporting the arcuate

resistance element in concentric relationship with the

shaft.

Still another object of the present invention is to pro-

* vide a variable resistance control with an aruate cavity

in the inner surface of the rotatable member for neviedly

supporting a contactor and for constraining the contactor

to rotate with the rotatable member.

Yet another object of the prevent invention is to pro-

+ vide a variable resistance control with a collector ring in

tegrally connected to and embossed from «a mounting

bracket.

A still further object of the present invention is to pro-

vide a variable resistance control of simple and compact

structure embodying a contactor provided with a pair of

diametrically opposed pivotal arms for equalizing the con-

tict pressures in a preset ratio applied by the contacts of

the contactor against the arcuate resistance element and

the collector ring.

Still an additional object of the present invention is to

provide a method of providing the proper rotational

torque and a method of improving the fit between a bear-

ing and the shaft rotatable therein when assembling the

vatiable resistance control.

Further objects and advantages of the present inven-

tion will become apparent as the following description

proceeds, and the features of novelty characterizing the

BLURRED COPY

en

<eny

tO Ae we

Se ee

F-4

3,375,478

invention will be pointed out with particularity in the

claims annexed to and forming a part of this specification.

Briefly, the present invention is concerned with a vati-

able resistance contiol comprising an clectrically non-

conductive heat-deformable shali, ¢.g., of nylon, sup-

ported by » g bracket provided with an emboved

annular member of collector ring having an aperiured

center portion. A basc having an arcuate resistance cle-

ment fixedly secured thereto with a pair of terminals se-

curing the ends of the arcuate resistance element to the

buse iy also provided with a centrally disposed opening,

the inner edge thereof cooperating with the outer periph-

ery of the collector ring for aligning the collector ring in

concentric relationship with the arcuate resistance cle-

ment. Suitable tabs are provided between the base and

the mounting bracket for preventing rotation therebe-

tween. A rotutable member of electrically nonconductive

heat-deformaMe material, such as nylon, is integrally se-

cured to the shaft, and an annular ring spaced from the

shaft provides an arcuate cavity nesicdly supporting a +

contactor. The contactor received in the arcuste cavity

is provided with a pair of diametrically opposed pivotal

aims, ant on opposite sides of the pait of pivotal arms

is a pour of contacts, one of the contacts engaging the col-

lector ring and the other contact engaging the arcuate -

resistance element. Thus. an increase in force upon onc

of the contacts ef the contactor automatna'ly increases

the force upon the other contactor ina preset rao there

by equalizing the forces applied thet cagainst

for a beter understanding of the present imvention.

reference may be had to the accompanying drawings

wherein the same reference numesaly have been applied

to bke parts and wherein:

FIGURE 1 is an isometric rear view of an improved

variable resistance control built in accord with the pres-

ent invention;

FIGURE 2 is a front view of the variuble resistance

control shown in FIGURE 1;

FIGURE 3 Ws a cross sectional view of the variable

resistance control taken along lines JM--I1 of FIG-

LURE 2:

FIGURE 4 is an exploded view of the vari Me resia-

ance control shown in FIGURE 1;

FIGURE S$ is an isometric view of the equilizing con-

factor for the varisble resistance control of the pre-ent

invention: and

FIGURE 6 is another embodiment of a variable re-

sistance control of the present invention

Referring now of the drawings, there is illustrated a

Variable resistance control, generally industed at 10,

comprising a mounting bracket 11, a base 20. an electri-

cally nonconducting heat-deformable rotatable member

30. and an equalizing contactor 48.

Coasidering first the mounting bracket B19. as bet seen

in FIGURES 1 and 4 of the drawings, it preferably com-

Prises a one piece shcet metal stumping having a pair of

snap-in fingers 12 exterding resrwardly from a flat cen-

ter portion 13 for quickly mounting and clecitically con-

Mevting 2 porion of the svariible testtun.e control 1@ to

a panel of the Lhe. A collector ring 14 ix embossed from

the flit center portion 13 and extends inwar.ty thereof

the outer periphery 144 of the collector ring being pari

tione.| in an opening 21 of the tase 20 for aligning the

have 20 in concentri- relationship with the collector sing

14. The volletor ring 14 prefersbly projects into the

opening 21 slightly greater than the thichne s of the hase

26 (see FIGURE 4) Its to be understood, howeser, that

the depth of projection is not critical so long as the col

lector ring 14 is ceniered im the opening 21 by the outer

Periphery 14a.

For the purpose of presenting relutive rotation hetween

the base 20 and the mounting bracket If, a pair of in-

wardly eatendiig toh. 1S ate disperc fon opposite sates

Of the Mat center portion 13 and engage notches 22 in

the base, The tubs IS are integers) with the mounting

4

o

bracket and preferably sre punched out of the fia cen.

ler portion 13 thereof.

As best illustrated in FIGURE 4 of the drawings, ta

arcuate resistance element 23 proviled with a pair

depending legs 23u and 23d is fixedly mounied tg the

base 20 with a pair of terminals 240 smd 24h in | en.

able manner well known in the art. When the Tesistunce

clement is of a carbon composition, the Bae gener jj

is punched from an clectrically nonconductire Mater,

such ay lam.nated plastic, however, a base OF substrate of

ceramic material may be employed whenever higher jen,

perature resistance elements are preferred and the nyu

able member 30 may be journsled in an aperture jp, the

subsirate. The ends of the terminals 244 art 244 may ¢y.

tend rearwardly of the base ay shown in FIGURES | 3

and 4 of the drawings, the disposiuon thereof depending

upon the lovation of the mounting panel

In a device built in accord wien De present inven.

tion, the rotatable member 30 prefeto tly is molded of an

cletinally nonconductve beat-deto. mable maternal such

aus oyion bor rotatably supposia toe member 36 Mich

respect i@ the tise 20. 4 shaft on spindle 30 exergy,

inwardly of the rotatable member JO and © yourn Jed yy

the aperture 144 provaded in the colle.tor cing 14. Why

th: above-desenbed arrangement, the :otsiable member

Sos coastily asseribled to the mowutins bracket Of by

metely msciting tac end of the steft 3 into the sper.

ture $4% of the collector sing 14 ard hot waging the

cod of the shaft proycung onts cally from the collector

tine 14 us shown in PHGOURES DT oand tof oe drawings.

Thuy the collector ting 14 not only todtat y supports

the shaft Jt extending marly from the rot table mem.

ber 30 but also centers the base 20 and the resistance

clement 23 with reypect to the rotatable member 36. A

suitable heatzd eylindsical tool having an apertured bore

is craploved for saaging the outer peuiphery of the shaft

against the rear suiface of the collector ring to form

an enlarred portion 3h, amd semultancously the swaging

operation mereases the diameter of the shaft disposed in

the aperture 845 of the collector ring 14. Such design

a-sures a tight boating fit between the shaft 31 and th

beating of aperture 14/ as well es ctimirating longitudina!

mos.ment of th: shaft. Whenever the control 10 is

adjusted frequently, the inner edge of the collector ring

dechiravg the aperture 144, in witened to increase the

sutface ates Of th: beating.

It wall be appreciated that ay the size of the control

iy decteased gteater problems ate em ountered in securing

the contactor to the rotataMe member W and in con-

Mraining the coniato: 48 to fotsic with the rotatabk

member 3M. The stsangement for eccomplishing this will

be desi bed in detail hercinafter. As best shown in FIG-

URE 4 of the d.awings. culending rearwardly from th

inner surface of the rotatable member MW is an arcuate

member or annular ring 32 integral wich the member ¥.

the outer edge of peripheral lip of the annular ring 32

engaging the portion of the bus 26 (sce FIGURE 3) ade

cent to and circumposing the outer periphery of the

soliector ring 14. The vatiahble resistance control 10 b

thereby provided with two bearing surfaces, the first bear-

ing surfice beirg the surface of the aperture 146 sup

porting the shalt 3% and the sccond hvaring sutface

being the outer edge Of the annular ring 32. The first

bearing surface aligns the contactor 40 with the respt

ance eloment 23 and the collector ring 14 when the 10:2"

able member Ws totated with respect to the bae 2.

and the sccond bearing surface stabilizes the rotatable

meinber 38 and thus prevents wobbieness when the roca

able member is rotted.

Preferably and as ilustrsted in FIGURE 4 of the

drawings, the contactor 4@ Lasing a pair of contacts 4

and $2 iy nestedly recewed in an annular cavity 33 formed

by the shalt 38 and the inner surface of the annular mag

32. The contact 48 is disposed a greater distance from

the avs of the shift 38 than the contact 42 of the com

F-5

3,375,478

tactor 4@ for making electrnal engagement with the arcu-

ate resistance element 23 and the contact 42 engages the

collector ring 14. The distance from the contacts 41 and

42 to the axis of the shaft also determines the ratio

of the contact pressures To constrain the contactor 4

to rotate with the rotatable member M, the annular ring

32 is provided with a pair of slots Bla recening a pur

of outwardly extending diametrically opposite army 43

integrally vonnevted to the contactor 40 The annular

ring 32 1s also provided with a slot 32 for receiving the

portion of the contactor 4@ carrying the con't 41. The

arms 43 of the contactor 48 are preformed into a V cross:

section by forming 2 creave ertending through both arms

as shown in BIGURE § of the drawings and the bottom

edge of the V forms pivot edges 445 and 44h for pivot!

movement of the contactor Thercfore, sey manufactur:

ing tolerances resulting in the angle that the contactor is

creased of should any diffi es in tole or thi.k-

nem occur 80 as to vary the dimension between the tor

surface of the collector mng und the arcuate resistance 2

clement, the contact pressures therengainst will be bal-

anced in a preset ratio since the contactor 4@ will mercly

pivot on pivot ctges 4a and “ar

From the ahove descrip'ion it is apparent that the

variable fesistance control 1@ can be rapidly assembled

in production. For caample. the rotatable member 30 is

corned by a movable supporting surface and 4 conta tor

@ is automatically assembled to the rotatable member +»

by merely dropping the contactor 40 wver the shaft M

with the arme 43 of the contactor in alignment with the |;

slots 32a. The mounting bracket Hf is then assembled

to the base 2@ with the arcuate resistance clement 23

facing the rotatable member 3@ After the hase 20 and

mounting bracket If are assembled in position on the

shaft 34, it is merely necessary to compress the purty 4.

together and bcat swage the outer peripheral portion of

the shaft to sccure the mounting bracket to the rotatanle

member 30. Hy heat swagine only the outer periphery

of the shaft as shown in FIGURES 1 and 3. the rotatable

member may still he rotated by inserting # tool in the slot

Mb provided in the distal end of the shaft. Sinult.ne-

ously, during the heat swaging operation, the force of

the heat waging tool incresses the diameter of the shaft

within the aperture 144 for improving the fit between

the shaft and the hearing. Whenever it is desired to

increase the rotational torque of the variable resistance

control 10, it is merely necessary to provide a button or

raised portion in the center of the surface supporting

the rotatable member 30 for urging the shaft 31 further

into the aperture 144 of the collector ring 14 Since the

enuaces only the center portion of the rotatable

member 30. the peripher:s! cdge of the rotatable member

W is forced downwardly due to the pivotal action of the

annulor ring 32 and forms the rotatable member 30 into

8 dished oF concave construction encircling the button,

such construction developing a prestressed condition in

the shaft after final assembly. By controlling the thick-

Ness of the button, the rotational torque may be readily

Controlled. After the enlarged portion 34c of the shaft

1 cools sufficiently, the force compressing the parts

lozether is released.

In order that the variable resistance control 10 can be

totated from either the front or rear thereof, a siot 3ta

(see FIGURE 2) is provided on the front surface there-

f in addition to the slot 314 provided in the rear end

Of the shaft (see FIGURES ! and 4). An srrow 34 is

Provided on the front face of the rotatable member 30

10 indicate the angular position of the contactor, i¢.. to

the emount of resistance in or out of the circuit.

- plurality of undulations 3$ is provided in the periphery

! the rotatable member to facilitate rotation thereof

*ithout a tool.

An addi | embodi is shown in

t of the inve

FIGURE 6 of the drawings, the variable resistance con-

Ol 11@ being substantially the same as the variable

resistance control 10 shown in FIGURES 1-4 of the

drawings. The min difference ty that the shoft #38 ex-

tends rearwardly sufficiently so as to provide means for

securing a knob of the like to the shaft of the control.

Further, the mounting bracket I1f is provided with a de-

pending termival $12 instead of a pair of rearwardly ex-

tending terminals for mounting the variable resistor to a

horizontally disposed mounting plate instead of a verti-

cally disposed mounting plite

While there has heen illustrated and desenbed what ts at

prescat conydered to a preferred embodiment of the

present invention, a single modilication thereof, and a

method of making the same. it will be appreciated that

numero. Changes and modi ations ate likely to Occur to

. those skilled in the art, and it ty intended in the appended

chums to cover all those changes and meditations which

fall within the truc spirit and scope of the prevent inven-

ton

What is claimed ay new and desired to be secured by

Letters Patent of the United States is:

1 A Satiable 1e-istance control comprising 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

heat-deformable shaft rotatably journaled in the aperture,

an electtically nonconductive retatable member integrally

Secure. to the shaft in spaced relationship te the mounting

bracket, an clectrically nonconductive base carried by

the mounting bracket and disposed between the mounting

bracket and the rotatable member, an arcuate member

eviending partially around the shaft and spaced from the

shaft, sand arcuate member being integral with the rota-

table member and having a peripheral lip sliteably en-

gaping the base for stabilizing the rotatable member, the

shaft and the arcuate member defining a space therebe-

tween. an arcuate resistance element mounted on the hase

concenting to the coflector ring. and an equalizing cun-

tictor nestedly disposed in the space between the shaft

and the arcuate member and constrained to rotate with

the rotatable member, the contactor having a first contact

bution engaging the resistance element intermediate the

ends thereof and a second contact button engaging the

collector ring for electrically connecting the resistance

he t to the ting 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 integrally secured to the mount-

ing bracket and having a top surface, an electrically nor-

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 sea of

the aperture in the hse beme preater than the area of the

top surface of the collector ting so that the collector ring

and mounting bracket can be assembled from one side

of the base, the mounting bracket having « flat portion

facing said one side of the base, the collector ring being

disposed in axial alignment with the aperture of the base.

an arcuate resistance element carried by the other side of

the base in concentric relationship to the collector ring.

an electrically nonconductive shaft rotatably supported in

the aperture of the mounting bracket, an electrically non-

conductive bh ber integrally secured to the

shaft in spaced relationship to the bese, an electrically

ductive means integrally secured to the rotatable

member around the shaft for spacing the rotatable mem-

her from the hase, and a contactor interposed between the

rotatable member and the base and constrained to rotate

with the member for wiping the collector ring and the

resistance element intermediate the ends thercof.

3. Ina variable resistance control, the combination of a

mounting bracket having @ flat center portion, a collector

ring integral with and embossed from the flat center por-

tion of the mounting bracket, an electrically nonconduc-

tive base provided with an ape the flat central por-

OTE

SPOS TN ENN TN MNS SIAN SMARTS:

——

oS daaienadambice

F-6

3,375,478

7

doa of the mounting bracket having a portion thereof

eatending around the aperture in the base and engaging

one side of the base, the collector ring projecting from

the portion of the bracket engaging one side of the base

into the aperture in the base at least the thickness of the

base, an arcuate resistance clement curtied by the other

side of the base in spaced concentric relationship tu the

collector ring. a svtatable member provided with an

arcuate Cavity opecnme 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 contactor nested in the arcuate cavity and

constrained to rotate with the rotatable member, the

equalizing contactor having a first contact button engig-

ing the resistance clement intermediate the ends thereof

and a second contact button engaging the collector ting

for electrically connecting the resistance element to the

Mounting bracket as the rotatable member is rotated.

4A satiable resistance control COMPrising «a Mount

ing bracket. an aperiured collector rng

This text is long and has been trimmed here. Open the source document for the complete record.