Chisholm v. Johnson

Citations

• 106 F. 191
• 1901 U.S. App. LEXIS 4623

Syllabus

<p>1. Patent —Vatjdity—Infrtngem knt.</p> <p>Claim 5 of letters patent No. 387,318, granted to Robert P. Scott, August 7, 1888, for improvements in machines for hulling and separating green peas, sustained, but held, not to have been infringed.</p> <p>3. Same.</p> <p>Letters patent No. 421,241, granted to Charles P. Chisholm and John A. Chisholm, February 11, 1890, for improvements in the method of hulling green peas, sustained, and held to have been infringed as to both of its claims.</p> <p>3. Same.</p> <p>Claim 2 of letters patent No. 490,397, granted to Robert P. Scott, June IS, .1893, for a process of gathering and hulling green peas from the vines, sustained, and held to have been infringed.</p> <p>4. Same.</p> <p>Claims 1, 2, 8, 4, 5 and 6 of letters patent No. 500,290, granted to Robert P. Scott, Charles P. Chisholm and John A. Chisholm, June 27, J8133, for improvements in pea-hulling machines, sustained, and held to have been infringed.</p> <p>5. Same — PnroR Use.</p> <p>An unexpected, insignificant and accidental use of a process, not appreciated. or understood at the time, cannot operate to anticipate or invalidate a patent subsequently granted for such process.</p> <p>6. Sam ¡« — Construction.</p> <p>Patent No. 421,241 does not cover the mere function or result of the operation of mechanical apparatus, blit ihe Invention of a new and specific application of the forces of nature for the advancement of the art of hulling green peas, and is for a true process.</p> <p>7. Equity — MunTn*'AitiousNKSS.</p> <p>Whether the objection of misjoinder or multifariousness can or cannot properly be taken by way of answer, the court sua sponte may give effect to it: whenever that course is deemed conducive to the due and convenient administration of justice.</p> <p>8. Patent — Suit fob In eringe meet.</p> <p>In a suit in equity for the infringement of a patent an exclusive licensee properly may for the protection of his own interests, and in many cases must, be joined wi