IN RE HERMANS
48 F.2d 386 (1931)
Court of Customs and Patent Appeals.
April 15, 1931.
We have examined the publication thus referred to, and, immediately following the extracts quoted therefrom in the record, we find a statement that at the entrance of the United States into the war the Navy Department developed a new type of depth bomb
operated by hydrostatic pressure. We quote from said publication, pages 99 and 100, as follows: "Meanwhile, however, the Naval Torpedo Station at Newport had developed a type of hydrostatically operated depth charge, which appeared at least the equal of even the latest British design. This firing mechanism was mainly the work of the Bureau's engineer of mines and explosives, Mr. C. T. Minkler. * * *
"Manufacture in quantity of the American depth charge of the Newport design, now known as Mark II, was at once commenced, under the direction of Commander S. P. Fullinwider, and the issue to the service began in the fall of 1917. The first contract for 10,000 of these Mark II depth charges was placed in July, 1917. Later, modifications of the Mark II depth charge were made and contracts for 20,000 more were issued in the spring of 1918. In December, 1917, the bureau placed a contract for 15,000 British type depth charges for the British Government. * * * (Italics ours.)
"The American and British depth charges differ in several main particulars. Ours fires by means of hydrostatic pressure, while the British utilize the seepage principle also. * * *
"The depth charge consists of a cylindrical metal case, approximately 18 inches in diameter and 28 inches long for the 300-pound depth charge, containing the explosive and firing mechanism, or pistol, as it is called. By means of a dial at one end of the case, the depth charge may be set to explode at one of several depths from 50 to 200 feet. When the depth charge reaches the depth at which it is set to explode, the pistol is actuated by the hydrostatic pressure at that depth and explodes the charge."
It thus appears that, instead of discarding all other solutions "before applicant's solution was finally adopted," as claimed by appellant, the Navy Department had perfected in 1917 a successful depth bomb operated by hydrostatic pressure, while appellant did not file his application until January 24, 1918, and, according to a statement to his counsel before the Patent Office, offered his device to the Navy in the spring of 1918.
Therefore said publication is not helpful to appellant, and does not indicate that he made any contribution to the solution of the then very pressing problem before our government.