Daniel v. Restein & Co.

Citations

• 131 F. 469
• 1904 U.S. App. LEXIS 4915

Syllabus

<p>1. Patents — Anticipation—Packing.</p> <p>The Miller patent, No. 524,178, for a packing consisting of two wedges shaped sections, intended to slide upon each other, with a yielding cushion hack of one of said sections, by means of which the steam pressure transmitted to the sliding sections causes that side of the strip to widen, forming a tight joint, describes an effective and useful device; but the claims are not limited as to the materials to be used, and, the form of construction having been in use in a prior unpatented packing, the patent is void for anticipation.</p> <p>2. Same.</p> <p>Anticipation is not avoided because the anticipating structure, while me chanieally the same, is not so efficient as that of the patent, owing to the use in the latter of different and better materials, which are not, however claimed as a feature of the invention.</p> <p>3. Same — Unpatented Device — Extent oe Pbiob Use.</p> <p>To constitute an anticipation by an unpatented device, it is not necessary that it should have come into general use, but it is sufficient if it was in actual and practical use by a number of persons.</p> <p>¶ 3. See Patents, vol. 38, Cent. Dig. § 74.</p>