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· 8/1/1904

Albright v. Langfeld

Citations

  • 131 F. 473
  • 1904 U.S. App. LEXIS 4916

Syllabus

<p>1. Patents — Invention—Simple but Useful Improvements.</p> <p>Where a patent has been granted to an inventor for an improvement on a familiar article of simple meclianism, and sucli improvement, although it afterwards seems simple and unimportant, overcomes difficulties and objections, however slight, that have been endured by the public for a long time, and tliat others have made numerous efforts to overcome, without complete success, while the patented article has gone into immediate use, the patent will, as a rule, be upheld by the courts as disclosing invention.</p> <p>2. Same — Infringement—Modification in Form.</p> <p>A patentee having described his invention and shown its principle, and claimed it in that form which perfectly embodies it, is, in contemplation of law, deemed to claim every form in which his invention may be copied, unless they are disclaimed.</p> <p>3. Same — Prior Use — Sufficiency of Evidence.</p> <p>Under the rule that the defense of prior use must be established beyond a reasonable doubt it will not be sustained when it rests upon the recollection of a single witness, especially when his knowledge depends in large part on information received from others who are not called.</p> <p>4. Same — Infringement—Coin Purse.</p> <p>The Albright patent, No. 439,086, for a coin purse, held not anticipated, and to disclose invention; also infringed as to claims 1 and 6.</p> <p>¶3. See Patents, vol. 38, Cent. Dig. §§ 78, 104.</p>

Judges: Holland

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