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Opinion of the Court

cylindrical body having at its lower end a detonator chamber 11, which the patentee states is intended to contain "a semiinsensitive explosive." As the exact character of this explosive appears to be material in this case, we quote from

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page 2 of patent #1179105 in suit the following subject matter relative to this semi-insensitive explosive:

"Typical explosives of this character are guncotton, carrying a large percentage, say 10 percent, of water; explosive gelatin, containing a large percentage of camphor; or any other suitable explosive that will be exploded by a violent shock sufficient to seriously deform or break up the shell, but which will not explode by shock when the shell strikes water or other material offering approximately the same or less resistance, and which will not of course be exploded

Opinion of the Court

by the lesser shock incident to firing the shell from a gun. The exact degree of insensitiveness required in the explosive contained in chamber 11 is of course variable with conditions of service, depending among other things, upon the size of shell used, the dimensions and shape of the chamber in which the explosive is contained, etc. As these conditions are well known and understood by those skilled in this art, the designing of the semi-insensitive charge to meet any given requirement is a simple matter."

Located above this chamber is a second chamber 9 formed. to receive a charge of relatively insensitive explosive, such as black powder. A tit or hollow tubular member 14 projects downwardly into this chamber, its interior being filled with a compressed powder or delay train. A primer, or percussion cap 27, is located in an inertia member or hammer member, a passageway from this primer or cap leading into a central member and forming a communication for the flame of the percussion cap to the delay train. The inertia member which carries the percussion cap is capable of a rotative movement, which movement is imparted to this member when the shell is fired from the gun so that the primer is rotated from an unarmed position to an armed position in contiguous relationship with the fixed firing pin against which the primer impacts when the shell strikes a target of any character whatsoever. A sequence of explosions is initiated when the shell strikes a body of water or a target of similar resistance, by the primer contacting with the firing pin, the flame from the primer passing into the central passageway and igniting the top of the delay fuse, which after burning a predetermined time ignites the black powder beneath it, which in turn explodes the guncotton detonator, which in turn explodes the main charge of the shell.

If the shell, however, hits the target offering more resistance, the projecting end of a center pin 19 is driven inwardly and the lower end of this center pin cuts or punches out the tit carrying the delay train so that the flame from the primer is communicated directly to the black powder charge and therefore a substantially instantaneous explosion will result.

When the shell impacts with a heavy target of sufficient strength to deform or break up the shell, it is the expressed

Opinion of the Court

intention of the patentee to so select the degree of sensitiveness of the detonating charge that it will be detonated or exploded irrespective of the above-described mechanical fuse action.

Isham patent #1188178

This patent relates to a shell designed referred to as a "diving shell." Fig. 1 of the patent in suit is herewith shown:

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One of the features of the invention is to provide the inner walls of the shell with a series of annular ribs which tend to support the explosive and to segregate the pressure shock on the firing of the shell into a plurality of separate zones, thereby decreasing the setback pressure which would otherwise exist on firing at the base of the chamber. Another feature is the use of a cup-shaped nose. This is intended to catch the water and provides a downward thrust to the shell, causing the same to dive instead of ricocheting along the surface of the water. The specification makes no disclosure of the constituency of the semi-insensitive explosive to be used in this shell, nor does it give any data to the man skilled in the art as to the weight of the shell, the firing pressure to be used, or the ranges to be employed. The suggestion, nondirectional in character, is made with respect to the fuse to be used that

"If the shell is provided with a suitable delay fuse arranged to be set in action by retardation of the shell in flight, such, for example, as that disclosed in my copending application serial no. 838119, filed May 12, 1914 (patent no. 1179105), the shell thus becomes a mine adapted to explode at a calculable depth below the water and a definite time after striking the same."

Opinion of the Court

Isham patent #1237909

The structure disclosed in this patent is substantially similar in its method of functioning to that shown and discussed in connection with Isham patent #1179105, and also involves the use of a semi-insensitive detonator sufficiently sensitive to explode on impact with a heavy target but sufficiently insensitive to withstand the shock of firing from the gun, in this connection mentioning the use of a fulminate of mercury, although the patentee does not specify the degree of compression under which the fulminate of mercury is loaded in the detonator capsule, thus omitting to state the degree of sensitiveness of the detonator.

The feature which distinguishes this patent from the patent #1179105 is that it provides a safety chamber in which the fulminate-of-mercury detonator is normally located.. This detonator is mounted in a rotatable inertia member having screw threads upon its exterior, and by virtue of these and the inertia effect caused by the spinning of the shell due to the rifling of the gun, the detonator capsule is automatically moved from its normal position in the safety chamber back into operative relationship with the booster charge.

The double illustration (p. 43) which is taken from figs. 1 and 2 of this patent, shows the detonator in the top figure as located in normal position in the safety chamber and in the lower figure in the position assumed after the shell has been fired and the rotational effect imparted to it by the rifling of the gun has caused the screw-threaded carrier to move the detonator capsule to the rear and into the midst of the bursting charge. In this patent, as in the former patent, #1179105, the patentee expresses the intention of using a detonator which will explode directly by the shock of impact when the shell hits a heavy target, and it therefore is not dependent upon the mechanical coaction between the firing pin and a priming cap. In this regard we quote from patent #1237909:

"Said detonator charge is of such character that explosion thereof in detonating relation to a booster charge or to a burster charge will detonate said booster or burster. Said

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