Download UPDATED Weather Any Storm By Cody Francis

The chorus further strengthens the theme of endurance and resilience. It states that the couple has everything they need and that they are capable of facing any challenges that come their way. The phrase "You and I can weather any storm" reinforces their unwavering commitment to one another and their belief that their love can withstand even the most difficult times.

Reading the claim on the drawing, the eduction pipe is 10, the cap is 12, the storm band is 13, the "means * * * to prevent entrance of rain into the eduction pipe" also called a "weather baffle" is 27, and the "means co-operating with the storm band and eduction pipe to deflect to the outside of said storm band upwardly inclined flowing air currents" also called a "deflecting band" and a "baffle ring" is 25. The "lip" covered in claim 1 is 30.

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(4) Prior Art Aggregation. The *154 patented structure, under claim 5, is made up of five elements: Eduction pipe, storm band, cap, weather baffle, and baffle ring (around the pipe). Each of these has its separate function or functions but such function is useful only because it supplies a need in the entire unitary structure. Some have to do with weather, the others with wind, some with both weather and wind. The eduction pipe is the basic element for the usefulness or the protection of which all other elements exist. The cap functions as the main protection of the pipe from weather and also as preventing downward inclined and, to an extent, horizontal winds coming over the top of the storm band from entering the ventilator. The weather baffle functions as a further weather protection, shielding from rain or snow driving between the cap and the upper edge of the storm band. The storm band is primarily a protection against horizontal winds entering the ventilator and, possibly, secondarily some protection against weather. The baffle ring is a protection against upwardly inclined winds entering the ventilator. These are the elements and the functions of each. Obviously, each element is sized, formed and positioned in particular relation to all or some of the other elements and none can fulfil its mission alone. The usefulness of each arises from and depends upon its co-action with other elements.[3]

Matters to be noted as to the state of the art are the following. The problem of chimney ventilators is different from that of ordinary building ventilators. The two are, however, not so unrelated that constructions in one might not be suggestive in the other. There was general recognition of the need to exclude weather from the eduction pipe and to utilize outside air to increase the natural draft of the pipe. Weather protection had been fairly well worked out by use of the cap, storm band and weather baffles. There was some confusion as to the principle of use of the outside air to increase pipe draft. In the purely building ventilators the decided trend was to utilize outside air by directing it into the ventilators and controlling its effect therein. Such were Dowman, Tanner, Jardine, Leitch, Basman, *157 Shodron, McAllister, the Klauer construction, the Burt construction and some of the models shown in the Bureau of Standards paper. In most of the just mentioned ventilators, a "lip" was utilized for the purpose of concentrating and directing air into the ventilator, in some, there was free passage of air from below and in some a lip was used to partially trap air (Burt construction, some of Bureau of Standards models). Usually the lip is attached to the eduction pipe and usually at or near the pipe top in some the lip is attached to an annulus located inside the storm band. Where a lip is used it is inclined downward and outward from the pipe. Another type, depends upon dampers or a movable sleeve to control or to exclude access of air to the eduction pipe top (Warden (both No. 829,817 and No. 925,252), Lee and the Burt construction). In none of them is there an upward inclined ring baffle. In only one is there anything approaching a suggestion of the desirability of excluding, to the practical maximum, the upward inclined air. That exception is in the paper of the Bureau of Standards. It goes no further than an inference which might arise from a study of some of the experiments conducted at the Bureau, as follows. All of the experiments were with a horizontal wind. The effect of an upward inclined wind had no part in the experiments or in the deductions therefrom. The revelation arose from the circumstances that, using a horizontal wind, it was discovered that some models having an eduction pipe lip were more effective and that, if the lip was lengthened, the effectiveness increased.

As to the chimney ventilators there were three (Kennard, Auld and Day) which had a ring baffle. In Kennard, the baffle is a downward slanting apron located some distance below the top of the pipe and removed from the ventilator proper. No function is assigned to this apron. It is no part of the novelty claimed. It is not conceived that it could have more than a negligible influence on the ventilation. Auld had the conception of using outside wind to create partial vacuums at the smoke outlets of his ventilator. He had in mind the action of horizontal, of downward and of upward winds. He used a cap (C) measurably extending outward above a "sleeve" (B) which sleeve might be regarded as a storm band though it is given no such function in the patent, in fact he makes no mention of weather and an upward inclined pipe baffle (D) extending outward from the lower sleeve edge. In conception of principle, this patent is nearer than any other to the principle acted on by Young and Gephart here. When it comes to construction to carry out the conception of principle there is considerable difference. The Auld construction is unique. It contains three elements with proportions, relative positioning and shape (as to the sleeve) much unlike the later trend in building ventilators up to and including Young and Gephart. Also, his problem was really that of increasing the draft of a chimney which is, normally, affected only by winds above normal force. Day's conception was a construction which would accentuate the draft at the outlet (d) between the upward turned edge of the cap (D) and the outward flaring "shield" (C). This outlet is described as "the narrow throat d" and is shown in the drawings to be a relatively small opening. As to downward winds, he conceived that they would be caught by the cap upturned edge (b) and turned "upward and outward, thus creating by friction an upward current in the narrow throat d, which greatly assists in creating a draft in the flue." As to upward air currents he says "The same effect [creation of flue draft] is produced by the edge e [of the cap] and outwardly-flaring shield C, * * the band B serving to prevent the air from blowing directly up between the shield and flue." The band (B) is a horizontal band around the eduction pipe located "a short distance down from the pipe top." Considering that he intended d as the only outlet for the smoke; that d was a relatively small passageway; and that he contemplated increased draft at this top opening, it is not clear that he sought to exclude all upward air from the ventilator. His use of the qualification "directly" would seem to imply a desire to decrease the force and, possibly, the volume of upward air into the ventilator so as not to clog or interfere with the smoke passage through the narrow opening d. Another citation relied on by appellee in respect to exclusion of upward air currents is No. 15,921 (German). This is a chimney ventilator with a down-slant ring baffle located up in the storm band. This baffle may be solid or divided into multiple upwardly acting dampers. If the baffle is solid, it acts more as a lip partially excluding upward *158 air currents. If divided into dampers, such could be actuated only by an upward air current of considerable force.

When these patentees started their experiments to develop a good stationary type of ventilator they had no other conception than a horizontal wind. Their experiments were solely with a horizontal wind. Their conception of the problem seems to have been that it was one of size, shape and relative positioning of well known elements cap, storm band, weather baffle and lip. They proceeded along this line of study and experimentation until they had developed a ventilator of good efficiency. With exception of the ring baffle, that ventilator was the one patented. They knew that most industrial buildings had sloping roofs, that horizontal winds striking a sloping roof would be deflected in an upwardly inclined direction; and that a good ventilator should operate well on sloping as well as flat roofs. Having this knowledge and having developed a stationary ventilator which operated well under purely horizontal air currents, they tilted the ventilator before the horizontal current and discovered the efficiency became zero and, in some positions, even less (as the wind went down the eduction pipe). From this they discovered the necessity for excluding upward air currents if the ventilator was to be useful on sloping roofs. After trying various methods of construction for excluding such currents, they finally settled on the ring baffle (25) as being effective in form, shape and positioning relative to elements of the ventilator as theretofore developed by them. This met the difficulty, and the ventilator was then as effective on a sloping roof as on a flat one.

Following are diagrammatical drawings of the two constructions, wherein, 1 is the eduction pipe, 2 is the lip (in claim 1), 3 is the cap, 4 is the storm band, 5 is the weather baffle and 6 is the ring baffle or the trough. The feature involved here is the ring baffle and trough 6.

Under the above restrictive considerations, it cannot be said that this patent is broad enough to cover all means of excluding upward air. At most, it can cover only such means as operate in the same manner as appellant's ring baffle, that is, means which direct upward currents outward of the storm band and upward. It operates by diverting upward air currents upwardly and outwardly so that they pass outside the storm band while a little may enter the ventilator, that is a disadvantage and is held to the minimum consistent with weather-proofing. Appellee's baffle allows the ascending air to enter the storm band for a short distance where it is caught in the trough made by the baffle and the inside wall of the storm band. Although the action of appellant's baffle and of appellee's trough seem different, appellant contends that such is not the case but that the air is passed upward and outward of the storm band by the trough, the same as by its baffle. Appellant urges that this is so because the upward air, on striking the trough, builds up a "cushion" of air which acts as a buffer shunting the oncoming air upward and outward over the lower edge of the storm band. Appellee claims that the effect on the air by the trough is that it enters the storm band on the windward side where it is caught by the trough and that it follows around the trough to the lee side where it escapes outward but not upward. Each produces expert testimony as to its theory. None of such witnesses had ever demonstrated his belief by practical experiment. Fortunately, we do not have *160 to decide this matter by choosing between expert beliefs of witnesses, apparently equally well qualified and sincere. The record contains direct evidence of the results of experiments by uninterested and qualified experts. In the course of the investigation by the Bureau of Standards appears convincing testimony as to what happened when horizontal wind passes under the lower edge of a storm band and is caught by a lip. True, the wind there was not naturally an upward inclined wind but became such only as it passed the lower edge of the storm band but it was an upward inclined wind when caught by the lip. Also, it is true that the lip there was attached to the eduction pipe while appellee attaches its trough to the inner lower edge of the storm band. However, it is difficult to believe that these two differences are sufficient to change entirely the action of the wind in the trough. The results of these experiments by the Bureau are stated as follows: ff782bc1db