Adams Co. v. Schreiber & Conchar Mfg. Co.

Citations

• 111 F. 182
• 1901 U.S. App. LEXIS 4959

Syllabus

<p>1. Patents—Infringement—Equivalent Parts.</p> <p>A mere change in the form of an element or part of a patented device, where it performs the same function in substantially the same manner, does not avoid infringement.</p> <p>3. Same—Infringement—Mechanical Equivalents.</p> <p>The doctrine of mechanical equivalents conditions tlie construction of all patents, only in different degrees, depending upon the advance made in the art by the invention of the patent; and a patent for an article of improved construction, having elements of novelty and usefulness, though within narrow limits, protects the inventor against the appropriation by another of the substance of his improvement by the substitution of devices which are known equivalents, and perform precisely the same function.</p> <p>3. Same.</p> <p>The mere strengthening of a part in a patented device to give it longer life, where it does not improve or change the device in operation, does not constitute invention, nor differentiate the new device from the old to avoid infringement.</p> <p>4. Same—Adjustable Stove Dampers.</p> <p>The Farwell patent, No. 493,548,- for an adjustable stove damper, claim 2, construed, and held infringed.</p>