Sunday, March 20, 2022

Most car guys are familiar with a Muncie transmission, and are conversant about the M21, M22 etc. But, did you know the Muncie Gear Works corporation also made outboards, rocket parts, and deep freezers?




Muncie Gear Works Corporation was founded in Muncie, Indiana about 1910. They took over a failing, two year old business named "Muncie High Wheel Auto Parts Company". One of many, auto parts stores that sprung up in the early days of the automobile.

The first president of Muncie Gear Works was H.L. Warner and he was later succeeded by T.W. Warner. Both men would become well know for their association with Warner Gear Division of Borg Warner and Warner Machine Products, a subsidiary of Essex International.

The company rapidly grew manufacturing clutches and transmissions and the growing amount of time required to manage Muncie Gear caused the Warner's to leave and focus on their other business. Dr. William A Spurgeon became the new president. He was replaced by his son Kenneth A Spurgeon in the early 1920's, who remained president until his death in 1967.

In the 1920's Muncie sold their transmissions to companies like International Trucks and the Ford, but the stock market crash and the depression had them adapting and they manufactured transmissions for potato diggers, automatic coal stokers, air conditioners, deep freezers etc

They got into the outboard motor business in 1930 making many brands such as Muncie, Neptune, Sea Gull, Skipper, Mighty Mite and also Sea King brand for Montgomery Wards, as well as the Motorgo and Waterwitch brands for Sears.

In 1942, Johnson outboards, who licensed their patent to OMC (Evinrude, etc) took Muncie to the Supreme Court over patent infringement over the cavitation prevention plate https://www.casemine.com/judgement/us/5914a2d0add7b0493469e88f  and the ruling set a standard for ALL patent law, about the "late claiming" doctrine announced in Muncie Gear.
This interpretation invalidates patent claims presented by amendment more than the statutory period after public sale or use only. It's now known as the Muncie Gear Doctrine.


Summed up, as best I can figure out the lawyer speak, which is not easy to understand, the Muncie Gear Doctrine pertains to "claims directed to an invention disclosed but not claimed in the [original patent] application may not be added to the amendment more than the statutory period (of patent upgrades and updates) after public use." 

In Muncie Gear, the Court explicitly found no disclosure of the later claimed invention (anti cavitation plate) in the original (patent) application.
Moreover, the rule of law announced by the Court as the rationale for its decision focused solely on public use or sale two years prior to the "first disclosure" of the invention to the Patent Office.

Further, the Court's holding invalidated the claims (of patent infringement) because of public use or sale two years before the invention in issue "was first presented to the Patent Office." 

The Court had, at most, created a "late disclosure" doctrine wherein claims submitted via amendment two years after public sale or use would be invalid only when unsupported by the original (patent application) disclosure. 

The Supreme Court believed that the original application in Muncie Gear "wholly failed to disclose the invention [then] asserted" by the patentee.

Fifty-two years before the Muncie Gear decision, the Supreme Court announced its definition of "new matter" in Topliff v. Topliff. 

 "New matter" is a term of art in patent law referring to that which is added to a patent application and directed to an invention beyond the original disclosure. The Topliff Court explained that a patentee has claimed new matter when he amends his application to "change the invention" or introduce "what might be the subject matter of another application for patent.' 

In Muncie Gear, the Court recognized that, "The [original] specifications and drawings indicated an anti-cavitation plate which the specifications said 'prevents cavitation,' but it was in no way asserted that the cavitation plate was new, or that it was being employed in any novel cooperative relation to the other elements."' It was not until two years after public use or sale of a device embodied in the claims in issue that the patentee in Muncie Gear claimed the anti-cavitation plate as his invention .' The patentee had therefore changed his invention, as the claims submitted via amendment were then directed to the anti-cavitation plate rather than the originally emphasized anti-torque plate. Thus, the patentee in Muncie Gear went beyond the original disclosure to include new matter in each of the claims in issue.


When World War II broke out they manufactured 37mm gun carriages, aircraft parts, rocket parts and a outboard drive for barges that would be the for-runner of the inboard/outboard of today.

Muncie became a major supplier of rocket parts to the Army, for the Viet Nam conflict. 



2 comments:

  1. Very interesting legal history. Thanks for bringing this to us. It brings back my Business law classes in college which I found fascinating. It also helped me throughout life not to make a legal error.

    ReplyDelete
    Replies
    1. you're welcome, I wish I'd been able to go to college. Still can't afford it, and I'm 50 making 40k a year. SDSU is about 40k a year. USD is about 60, UCSD is about 70. I'm pretty sure I can't even pull off a score high enough on the SAT or ACT to get admitted anyway, as even though I was a B+ high school grad, I'm pretty sure that universities only accept 4.0 or better students, and prefer out of state students they can charge more than local residents.
      Also, I would love to get law classes. The older I get the more I realize that people need a LOT more legal education. It ought to be mandatory in high school, it would be more useful than Trig, Algebra 3 or English 4, or any of the 4 years of art classes I took.

      Delete