Cleveland Foundry Co. v. Detroit Vapor Stove Co.

Citations

• 131 F. 853
• 1904 U.S. App. LEXIS 4323

Syllabus

<p>1. Patents — Validity—Misconception of Principle by Patentee.</p> <p>If the construction of a patentee effects the desired results, and they are beneficial, he does not lose the benefit of his invention because he may not have correctly understood the principles of its operation.</p> <p>2. Same — Amendment of Claims.</p> <p>If an inventor comes to better understand the principles of his invention while his application for a patent is pending, an amendment of his claims to conform thereto does not introduce any original matter nor enlarge his invention, and is within his legal right.</p> <p>3. Same — Double Patenting — Prior Issuance of Improvement Patent.</p> <p>Where a patent first granted is distinctly and only for an improvement on another and generic invention which is the subject of a prior application by the patentee, then pending, it does not invalidate the patent subsequently granted thereon, although there is no express disclaimer of the matter claimed in such prior application.</p> <p>4. Same — Infringement—Oil Burners.</p> <p>The Jeavons patent, No. 475,401, for an oil burner, claim 1, was not anticipated, and is valid; also held infringed.</p>