Carlton v. Bokee

Citations

• 84 U.S. 463
• 21 L. Ed. 517
• 17 Wall. 463
• 1873 U.S. LEXIS 1386

Syllabus

<p>1. Where a. claim in a patent uses general terms of reference to the specification, such as “substantially in the manner and for the purpose herein' set forth,” although the patentee will not be held to the precise combination of all'the parts described, yet his claim will be limited, by reference to the history of the art, to what was really first invented by him.</p> <p>2. General claims inserted in a reissued patent will be carefully scrutinized, and will not be permitted to extend the rights of the patentee beyond what is shown by the history of the art to have been really his invention. If made to embrace more the claim will be void.</p> <p>3. One void claim, if made by inadvertence and in good faith, will not vitiate the entire patent.</p>