Dodge Needle Co. v. Jones

Citations

• 153 F. 186
• 1907 U.S. App. LEXIS 5083

Syllabus

<p>1. Patents — Construction—Proceedings in Patent Office — Retracted Disclaimers — Final Form of Application.</p> <p>Where, upon application fpr a patent for a pivot pin of a knitting machine needle, at the outstart of the proceedings in the Patent Office, the applicant, for the purpose of distinguishing certain references, made positive and reiterated declarations as to the headless character of the pins, but later was prompted to file a new and completely revised application, as a continuation of the proceedings, in which there were claims for a headed, as well as a headless, pin, the specifications being changed to correspond, which the examiner allowed and passed, although as the result of interference proceedings the headed claims were subsequently canceled, the patent (aside from the effect of the cancellation) is not limited, by such earlier declarations, to a headless pin; both specifications and claims, as allowed, being broad enough to include a headed one, and the final form In which the patent Is cast being the one to be tiRven in determining the scope of the invention, which stands as it was assei^d and accepted at the close of the proceedings, regardless of what had bex.n declared previously.</p> <p>2. Same — Interference Proceedings — Cancellation of Claims After.</p> <p>Where, ho ^ever, interference proceedings with another party have been declared, as the result of which he is found to be the prior inventor of the headed form of pin, and thereupon the applicant for the patent in suit cancels .the claims covering this form, and takes out a patent without them, he is precluded thereafter from asserting a right to anything but a headless pin, not because priority of invention was found in favor of the other patent, which may not be conclusive, but because by his own direct act, in response thereto, he canceled his claims for headed pins and accepted a patent in this restricted shape.</p> <p>3. Same — Prior Public Use — Public Use Proceedings — Effect