Particular Patents-Continued.
Baldwin, Reissue No. 13,542, (original No. 821,580,) "Acetylene-gas- generating lamp," valid. **Abercrombie & Fitch Company and Justrite Manufacturing Company v. Baldwin and John Simmons Company.
Claim 4 construed, validity sustained, original invention not broadened. ** Abercrombie & Fitch Company and Justrite Manu- facturing Company v. Baldwin and John Simmons Company__. Bayley, Design No. 49,593, “Electric-lighting fixture,” void for lack of invention. Bayley & Sons, Inc., v. Standart Art Glass Co. et al__ Block, No. 1,061,353, "Arch-support," not infringed. Wonder Mfg. Co. v. Block et al----- Same, No. 1,127,349, "Support for arch of foot," anticipated. Won- der Mfg. Co. v. Block et al_____
Claim limited by its language and not infringed. Wonder Mfg. Co. v. Block et al_____. Brooke, No. 723,983, "Apparatus for cutting and distributing molten materials," construed, valid, and infringed. Schram Glass Mfg. Co. v. Homer Brooke Glass Co-- Burchenal, No. 1,135,351, "Hydrogenation of oil," claims 1 and 2 unpatentable and not infringed. Procter & Gamble Company v. Berlin Mills Company-.
Hornby, No. 1,079,245, perforated plate.
Limited__.- Kuch, No. 1,090,992, “Mercury-vapor lamp," patentable improvement and infringed. General Electric Co. v. Cooper Hewitt Electric Co
Luellen, No. 1,032,557, void, no invention.
Co. et al v. Public Service Cup Co---‒‒ Same, No. 1,081,508, certain claims valid and infringed, claim 16 valid, but not infringed. Individual Drinking Cup Co. et al v. Public Service Cup Co.‒‒‒‒‒
Macbeth, Reissue No. 13,766, (original No. 1,097,600,) process for making glass. Macbeth-Evans Glass Co. v. General Electric Co-- Phillips, No. 950,402, gearing device, void, being merely an aggrega- tion of old elements. **Grinnell Washing Machine Company v. E. E. Johnson Company__.
Plym, No. 852,450, store-front construction, valid and infringed. De- troit Showcase Co. v. Kawneer Mfg. Co‒‒‒‒
Same, No. 860,150, construction of glass plates, not infringed. troit Showcase Co. v. Kawneer Mfg. Co‒‒‒ Ruud, No. 853,738, shows invention and has not been anticipated. Ruud Mfg. Co. v. Long-Landreth-Schneider Co. et al----. Schade, No. 819,461, "Loose-leaf binder," void for lack of invention. "Lemley v. Dobson-Evans Co______
Spengler, No. 1,074,907, valid and not anticipated by the earlier Clay patents. United States Metal Cap & Seal Co. v. American Key- less Kap Corporation et al.
Stenz, No. 1,047,849, limited and as limited not infringed. Simplex Lithograph Co. v. Renfrew Mfg. Co. et al------
Patents reward of a tested contribution to the art, not of a pregnant sur- mise or a promising hypothesis. H. Ward Leonard, Inc., v. Maxwell Motor Sales Corporation-----
For improvement, invention considered with reference to prior patents as to advance, claims immaterial except to clear obscurity. d General Electric Co. v. Cooper Hewitt Electric Co‒‒‒‒‒‒ Granted on an invention in controversy after the filing of an appli- cation for the same invention, but on an earlier application, may establish bar of prior invention. Ex parte Thomas--. Granting of presumes patentable invention. d Corona Chemical Co. v. Latimer Chemical Co.‒‒‒‒‒‒
Valid and infringed, unfair competition may be included in account- ing for damages and profits. Detroit Showcase Co. v. Kawneer Mfg. Co‒‒‒‒‒‒ Patent law must consider means as well as product, "means suggesting meritorious human effort, reward of which is the object of the law. d Simplex Lithograph Co. v. Renfrew Mfg. Co., et al----. Policy of to secure to the public benefit of inventions after expiration of fixed term. Macbeth-Evans Glass Co. v. General Electric Co‒‒‒‒‒‒‒‒ Patent Office tribunals, concurrent decisions upheld unless there is mani- fest error. *Rees v. White_-_-_-_-
Concurrent judgment not overturned except for manifest error. * In re Kohler _.
Reversal of uniform decisions obtained only upon a very clear case of error. * Jobski and Griswold, special administrators of Bryant, deceased, v. Johnson_-_-
Patentability, design must possess different configuration from other de- signs. Ex parte Kaupmann_-_-
Successful imitation of product not necessarily patentable novelty. Simplex Lithograph Co. v. Renfrew Mfg. Co. et al------ Patented article, contract fixing price void, cannot be enforced by suit for infringement. **Boston Store of Chicago v. American Grapho- phone and Columbia Graphophone Company---
Patentee not first in field, scope of invention limited by language of claim. Wonder Mfg. Co. v. Block et al---
Popular recognition and demand for article by those who use it matters to be considered in favor of invention. Globe Knitting Works v. Segal et al._____
Practice in the Patent Office, as stated in former decisions, defined. Ex parte Holst and Leers_.
Preamble to claims, qualifying clause not to be ignored because it does not describe an element, but should be read on all following elements. 4 Schram Glass Mfg. Co. v. Homer Brooke Glass Co____ Preliminary statement, question of amendment as to whether device con- sidered first as model was, in fact, reduction to practice to be postponed to final hearing. Aberle v. Borchert v. Schmidt v. Gaisman_-_- Priority of invention, properly awarded. * Bijur v. Rushmore_. *Cragg v. Strickland_.
* Creveling v. Jepson_. *Ficklen v. Baker___. Gammeter v. Lister_-_.
* Gammeter v. Lister. Lister v. Gammeter_.
* Jobski and Griswold, special administrators of Bryant, deceased, v. Johnson___
Where one inventor did nothing with an invention until others en- tered the field, priority was properly awarded to the more diligent parties. * Dreckschmidt v. Shaefer and Holmes_--- Publication by inventor of device on which he seeks patent more than two years prior to application precludes patent. Wagner v. Meccano Limited__
Question whether construction embodies issue, not raised before Patent Office, not before the court.
Redeclaration of interference not to be compelled by nandamus *Briggs v. Commissioner of Patents_
Reduction to practice, test should show that device will give desired result. * Jobski and Griswold, special administrators of Bryant, de- ceased, v. Johnson
Reissue, application delayed for long period, excuse for such delay must be out of the ordinary. Ex parte Schneider____
Intervening rights presumed where application is delayed for a long period. Ex parte Schneider____
With broader claims properly refused where there was a delay in making application of more than two years. Ex parte Schneider__ Renewal of application, date of filing relates back to date of filing of original application. *Murphy v. Thompson---
Res adjudicata, question of not reviewed on mandamus.
ex rel. International Money Machine Company, v. Newton_- Right to make claims. Gammeter v. Lister_.
Estopped by delay, former decision cited. Kane v. Podlesak____ Rightful issue of patent, question not to be raised on appeal.
Sale of patented article at fixed price under contract not within monopoly of patent law and cannot be enforced as infringement. Store of Chicago v. American Graphophone Company and Columbia Graphophone Company---
Scope of patent, where application for patent was filed prior to that for patent in suit it is prima facie part of prior art and its limitations of scope of patent in suit may be considered. Jackson Cushion Spring Co. v. Adler____
Second application, filed after expiration of time for second renewal of first application, cannot be considered a continuation of the first appli- cation. Barrett v. Hart_____
Specific claims, to be interpreted in the light of the general disclosure. * Burt v. Coats and Cameron. Coats & Cameron v. Burt____ Specifications, addressed to those skilled in the art. *Burt v. Coats and Cameron. Coats and Cameron v. Burt-----
· Suits for infringement. Jackson Cushion Spring Co. v. Adler_. "Lemley v. Dobson-Evans Co----.
Costs in each case disposed of on its own merits, in the discretion of the court. Individual Drinking Cup Co. et al. v. Public Serv- ice Cup Co‒‒‒‒‒
Date of filing application shown by officially printed copy accepted as correct in absence of objection. Lemley v. Dobson-Evans Co-- On appeal from an interlocutory injunction appellate court will go no further than to ascertain if court below abused its discretion in granting. Wonder Mfg. Co. v. Block et al.
Terminology. Anticipation and prior invention distinguished. Rule 75 construed and applied. Ex parte Thomas___. Trade-marks, act of February 20, 1905, applies to all registrations, in- cluding those under the law of 1881. Hudnut v. Phillips v Mack____ Act provides for registration of actual not fictitious marks. Fitzpatrick Bros----- Adoption and use of mark does not project rights of protection in advance of extension of trade, neither will it give territorial rights in localities where thereafter it may seem desirable to extend the trade. ** United Drug Company v. Theodore Rectanus Company_ Adverse decision in interference, cancelation proper. Great Bear Spring Company v. Bear Lithia Springs Company--. Appealing under provisions of trade-mark statutes is, in effect, assert- ing their validity. * Fulton Water Works Company v. Bear Lithia Springs Company__
Applying to goods of different class of merchandise.
Schieren Company v. Whittemore Bros. Corporation and Sullivan_ Cancelation may follow as an incident to interference decision in a registration under the law of 1881. Hudnut v. Phillips v. Mack__ Certain features, though disclaimed, should not be removed from the drawings. Ex parte L. C. Chase & Company__. Class of merchandise, ice-cream cones and dairy products not the same class of goods. Borden's Condensed Milk Company v. Eagle Manufacturing Company---
Commissioner of Patents may refuse to grant monopoly in mark both descriptive and containing the common trade-name of similar arti- cles in a class of merchandise, confusion of the public being likely to result. In re Estate of P. D. Beckwith, Inc--- Construction of section 13, act 1895, trade-mark statutes. *Fulton Water Works Company v. Bear Lithia Springs Company__.
Decree as to infringement based on use on one class of goods con- clusive as to use on another of same descriptive properties. ** Rock Spring Distilling Company and Rosenfield v. W. A. Gaines & Company_-_-
Between two parties pleaded in bar to suit on same mark against another defendant. **Rock Spring Distilling Company and Rosenfield v. W. A. Gaines & Company-- Descriptive matter objected to must be eliminated, disclaimer not sufficient. * In re Estate of P. D. Beckwith, Inc_____ Descriptive terms not registrable under the act because of long use except under the ten-years clause. Hercules Powder Company v. Newton, Commissioner of Patents___.
Descriptive word not registrable unless secondary meaning has been acquired, indicating product of particular manufacturer. Detroit Showcase Co. v. Kawneer Mfg. Co..
Not subject to appropriation. M. Werk Co. v. Grosberg et al__ Existence of not essential to right of action for unfair competition. d Detroit Showcase Co. v. Kawneer Mfg. Co------ Footwear of leather and of rubber so closely related that public should not be required to discriminate between goods put out by one of two users of the same mark. *Boston Rubber Shoe Com- pany v. Abramowitz____
For a series of literary publications must be arbitrary, not the name of one of the series. In re The Page Company--. Function to designate goods of particular trader and protect him against sale of another's product as his. **United Drug Com- pany v. Theodore Rectanus Company. Interference and cancelation, registration under law of 1881 may be canceled under Act of February 20, 1905. Hudnut v. Phillips v. Mack.
Interference between applicant and registrant, decisions adverse to registrant, his registration may be canceled. Hudnut v. Phillips v. Mack___
Law not intended to conflict with copyright law or extend its opera- tion, the owner enjoys exclusive rights as long as the copyright continues, and upon its expiration privileges expire and use of descriptive name becomes publici juris. * In re The Page Com- pany.
Manufacturer doing its legal duty in distinguishing its product not responsible for substitution by tricky retailers. M. Werk Co. v. Grosberg et al-------
Mark adopted and used for many years, registered under State laws and the act of 1881, though not under act of 1905, use confined to certain locality, adopted and used by another for similar goods in distant locality, first user estopped from setting up continued use as infringement. ** United Drug Company v. Theodore Rectanus Company-
Mark referring to contents rather than to wrapper not registrable for wrapper. Ex parte Adams___.
Method of applying mark immaterial so long as knowledge of origin or source of manufacture of goods was conveyed to purchaser. * Rice- Stix Dry Goods Company v. The Schwarzenbach, Huber Company-- 84150°-19- -3
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