Canda Bros. v. Michigan Malleable Iron Co.

Citations

• 123 F. 95
• 1902 U.S. App. LEXIS 4734

Syllabus

<p>1. Patents—Construction on Claims.</p> <p>While an element may be implied and read into a claim of a patent, when necessary, for the purpose of proving that the device is an operative one, it cannot for the purpose of making out a case of novelty or infringement.</p> <p>2. Same—Infringement—Drawbars.</p> <p>The Canda patent, No. 460,426, for a drawbar and spring for railroad cars, claims 1, 2, and 7, cover combinations of elements all of which were used in prior devices to perform the same functions, and are of doubtful validity. If they can be accorded patentable novelty, they must be restricted to the precise construction shown. As so construed, they are not infringed by the device of the Thornburg patent, No. 588,722.</p>