A. R. Milner Seating Co. v. Yesbera

Citations

• 111 F. 386
• 49 C.C.A. 397
• 1901 U.S. App. LEXIS 4389

Syllabus

<p>1. Patents—Patentable Invention—Determination on Demurrer.</p> <p>A patent should be declared void on demurrer only when there is no room for thinking that any evidence could be adduced which would alter the clear conviction of the court that there is no patentable invention in the production patented, and ¿specially where the presumption of invention arising from the granting of the patent is reinforced by the fact shown that the application was seriously contested in the patent office in interference proceedings.</p> <p>2. Same—Counter Seats for Stores.</p> <p>The device shown in the Milner patent, No. 597,686, for counter stools or seats for stores, is not so manifestly lacking in patentable invention as to justify a court in declaring the patent void on demurrer.</p>