Bossert Electric Const. Co. v. Pratt Chuck Co.

Citations

• 179 F. 385
• 103 C.C.A. 45
• 1910 U.S. App. LEXIS 4656

Syllabus

<p>1. Patents (§ 157*) — Rules of Construction — Construction to Give Validity and Effect to Grant.</p> <p>Patents granted under the laws of the United States pursuant to Const, art. 1, § 8, are grants made in consideration of discoveries which ’‘promote the progress of science and useful arts,” and are to be construed liberally so as to effect their real intent.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. >§§ 230, 231; Dec. Dig. § 157.*</p> <p>For other definitions, see Words and Phrases, vol. 6, pp. 5228-5231; vol. 8, p. 7748.]</p> <p>2. Patents (§§ 27, 328*) — Invention and Infringement — Electric Wall Boxes.</p> <p>The Bossert patent, No. 571,297, is for an improvement in electric wall boxes which are constructed with holes already made in the bottom and sides so as to accommodate the entrance of the conduits at any desired point; the holes being closed, however, in such manner that the workmen wiring the house can open such as are required without special tools, leaving the rest of the box imperforate. This had previously been done in various ways, as by partially cutting out the holes, leaving uncut connections, by weakening the part so it could be knocked out, or by covering the holes with stiff paper or fitting them with stoppers. The improvement of the patent consisted in cutting the holes with an ordinary punching die and forcing the cut out portion back as a plug, where it is held by frictional contact, but may be readily punched out. Held that, although the punching process had been used for various other purposes, it had never before been applied to such boxes, and that, in view of the superior results attained by sucb construction, the improvement involved invention. Claim 5 also construed, and held infringed.</p> <p>[Ed. Note. — For other cases, see Patents, Gent. Dig. §§ 31, 32; Dec. Dig. § 27.*]</p> <p>3. Patents (§ 328*) — Infringement—Electric Wall Boxes.</p> <p>The Bossert patent, No. 682,233, for improvement in outlet boxes for