Bettendorf Patents Co. v. J. R. Little Metal Wheel Co.

Citations

• 123 F. 433
• 59 C.C.A. 473
• 1903 U.S. App. LEXIS 4020

Syllabus

<p>1. Patents—Invention—Metal Wheels.</p> <p>The Bettendorf patent, No. 550,815, for a method of securing metal spokes to metal hubs, is void for lack of patentable invention, in view of the prior art, and especially the Gendron patent, No. 419,009, for a process for fastening eastings to whiffietrees, axles, and other similar bodies, which was identical with that of the Bettendorf patent, and its application to the fastening of spokes in hubs an obvious extension of the same principle.</p> <p>2. Same—Priority op Invention—Sufficiency of Evidence.</p> <p>The testimony of a witness that, according to his recollection, a serious fire occurred in his plant on a certain date, 12 years back, and that he made the invention covered by the patent in suit “about a month” before the fire, is not sufficient to carry the date of invention back of an application for an anticipating patent, which was filed 25 days before the time fixed for the fire.</p>