Diamond Drill & Machine Co. v. Kelly Bros.

Citations

• 120 F. 295
• 1903 U.S. App. LEXIS 5275

Syllabus

<p>1. Patents — Combination—Patentable Invention.</p> <p>Where, in a machine for inserting wire-coil clasps in belt ends, the result to be attained is the successful insertion of the coil in the belt, that the different parts of the machine contribute to this each in its own time and way constitutes a true combination, which is patentable.</p> <p>2. Same — Evidence as to Who was Original Inventor — Old Machine.</p> <p>Where,, in a wire-coil machine, the invention claimed is separately operating jaws and rolls, an old operative machine, in which this arrangement appears, constructed by another party some three years earlier, according to the testimony of several who saw and examined it, is sufficiently substantiated to be received as an anticipation.</p> <p>8. Same — Anticipation—Machine for Making and Inserting Wire Coils.</p> <p>The Templin patent, No. 593,406, for an improvement in wire-coil machines, whereby the clamping-jaws and coil-rolls are operated independently of each other, while disclosing a patentable device, is void for anticipation by a machine previously constructed by Henry M. Jackson, which embodied the essential and patentable feature of the improvement shown in such patent.</p>