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· 11/11/1889

Day v. Fair Haven & Westville Railway Co.

Citations

  • 132 U.S. 98
  • 10 S. Ct. 11
  • 33 L. Ed. 265
  • 1889 U.S. LEXIS 1845

Syllabus

<p>The fourth claim in the reissued letters patent No. 8388, granted August 27, 1878, to Augustus'Day for an improvement in track clearers, vie., “The combination with the draw-bar C and scraper A of the diagonal brace E, as and for- the purpose set forth,” would naturally suggest itself to any mechanic, and involves no patentable novelty.</p> <p>A claim-in letters patent must be held to define what the Patent Office has determined to be'the patentee’s invention,-and is not to be enlarged in construction beyond the fair interpretation of its terms.</p>

Judges: Fuller

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