Thanks a lot John. I have probably around 200 spintop patents in my files, but did not have this one
This is a very interesting patent for us. Yeah, it is written in that horrible patent style and lexicon, which is completely unnecessary and non-required, except for a few words in the claims section. It also refers to 3 previous patents that are beside the point: it is common for the patent clerk to bring up examples of possible previous art that are irrelevant (I guess to show that he is doing his work) and you have to provide answers . . .
The patent covers 4 inventions:
1- Bearing tip
2- Weight ring
3- A replaceable end-tip (cone)
4- Upper second tip
It was filed in March 20, 2001. But Spintastics had starting selling bearing tops in April 2000! If YYJ would have tried to enforce this patent, it could have been challenged. YYJ may still have had the right to patent it in some circumstances, but then it would have come to who had "invented" it first, as written on a signed log book, for example. US patent law has changed since, from "first to invent" to "first to patent."
As I read the patent, the weight ring to increase the rotational inertia has to "connect" the lower and upper parts of the body. So, perhaps YYF could get away with the brass ring on the Throwback because it may not be a connecting element (before I thought it was because it was not on the outside).
I had heard before that YYJ claimed to have invented the double tip top, which is clearly not true as there are old wooden examples with two tips. The patent mentions two uses for the second tip: a) spin the top on the upper tip when the lower tip wears out until it can be replaced (
) b) lift the top by holding the upper bearing tip (that does make sense)
Actually, if you read the claims carefully, the patent only covers a top with a weight ring connecting the upper and lower sections AND a bearing tip. I don't think it would cover a top that would have just a single of those two characteristics. That to me looks like a mistake, but claims are generally worded by the lawyer based on the description and Bell may not have looked at them carefully.
