Colorado Tent & Awning Co. v. Parks

Citations

• 195 F. 275
• 115 C.C.A. 245
• 1912 U.S. App. LEXIS 1379

Syllabus

<p>1. Evidence (§ 5*)—Suit fob Inikcngisment—Issues and Proof.</p> <p>The public is an interested party in every patent case, and the validity of a patent when put in issue must always be determined, whether the parties desire it or not; nor is the court limited on such issue to the evidence taken, but may talco judicial cognizance of facts of general knowledge or devices in common use.</p> <p>LEd. Note.—For other cases, see Evidence, Cent. Dig. § 4; Dec. Dig. I 5;* Patents, Cent. Dig. § 543d</p> <p>2. Patents (§ 328*)—Novelty-—'Ventilating Tent.</p> <p>The Parks patent, No. 777,531, for a tent cottage provided with ventilating means, consisting of openings at the bottom and a ventilating box or passage on the top, discloses no new principle nor means not previously known and in common use in various structures in substantially like form, and is void for lack of patentable novelty.</p>