Cimiotti Unhairing Co. v. American Unhairing Mach. Co.

Citations

• 115 F. 498
• 53 C.C.A. 230
• 1902 U.S. App. LEXIS 4227

Syllabus

<p>1. Patents — Anticipation—Pur Skins — Machine for Removing Hairs.</p> <p>The Sutton patent, No. 383,25S, for a machine for removing water hairs from fur skins, claim 8, which consisted of a rotary brush whereby fur was pushed down away from the knife of the machine, was not anticipated by the Lake and Covert machines, both of which were commercially unsuccessful.</p> <p>3. Same — Infringement.</p> <p>The Sutton patent, No. 883,258, consisting of a machine for the removal of water hairs from fur skins, was infringed by defendant’s machine, which embodied the essential features of the machine described in plaintiff’s patent, notwithstanding the brushes in the two machines by which the fur was pushed down away from the knife are not the same.</p> <p>8. Same — Validity.</p> <p>Where the claim of a patent for an unhairing machine covered a stiff sectional brush operating in a rotary motion, together with a motion upward and forward in front of the skin at the narrow edge of the bar over which the skin was passed, followed by the backward and downward motion, it could not be contended, in a suit for infringement, that the claim was void for lack of novelty, on the ground that the brushes were old, as it was not the brush that gave patentability to the claim, but the novel motion.</p>