Drake Castle Pressed Steel Lug Co. v. Brownell & Co.

Citations

• 123 F. 86
• 59 C.C.A. 216
• 1903 U.S. App. LEXIS 3977

Syllabus

<p>1. Patents—Invention—Substitution of Materials.</p> <p>The substitution of steel or wrought iron for cast iron as the material from which a structure is made does not constitute patentable invention, although such change of material also involves a change in the method of construction and in form, the new article being stamped or swaged from a single sheet of metal, where when made it performs the same functions in substantially the same way, its only advantage over the old structure being attributable to the inherent qualities of the material used.</p> <p>2. Same—Boiler Lugs.</p> <p>The Drake patent, No. 491,091, for a boiler lug, stamped or swaged from sheet metal, is void on its face for lack of patentable invention; the structure of the patent differing from the cast iron lugs previously used only in the material of which it is made and somewhat in form.</p> <p>¶ 1. See Patents, vol. 38, Cent Dig. § 23.</p>