Commercial Acetylene Co. v. Searchlight Gas Co.

Citations

• 197 F. 908
• 1912 U.S. Dist. LEXIS 1505

Syllabus

<p>1. Patents (§ 132*) — Teem—Limitation by Peiob Foreign Patent.</p> <p>In order that a foreign patent should be for the same invention as a later United States patent so that the latter expires with the former under Rev. St. § 4887 (U. S. Comp. St. 1901, p. 3382), before its amendment in 1897, the invention must not.only be disclosed but claimed in the foreign patent, but substantial identity is all that is necessary, and the description need not be literally the same.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 1S8%-191; Dec. Dig. § 132.*]</p> <p>2. Patents (§ 132*) — Term—Effect of International Convention.</p> <p>Article 4 bis., inserted in the International Convention for the Protection of Industrial Property of March 20, 1883, by the additional act of convention signed at Brussels December 14, 1900, taking effect September 14, 1902, 32 Stat. 1940, as controlled and construed by Act March 3, Í903, c. 1019, 32 Stat. 1225 (U. S. Comp. St. Supp.. 1911, p. 1453), “to effectuate the provisions” of such additional act of convention, did not have the effect of changing the term of an existing United States patent as fixed by statute at the time of its issuance; and such a patent granted prior to January 1, 1898, and which is limited by the provisions of Rev. St. § 4887 (U. S. Comp. St. 1901, p. 3382), to the term of a prior foreign patent, is not extended by such additional act.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 1S8%-191; ‘Dec. Dig. § 132.*]</p> <p>3. Patents (§ 328*) — Term—Foreign Patent — Acetylene Gas Tanks. .</p> <p>The Claude & Hess patent, No. 664,383, for an apparatus for storing and distributing acetylene gas, is limited as to term by the British patent, No. 29,750, of 1896, granted to the same patentees, which expired by limitation June 30, 1910. Also, held not infringed.</p>