Equitable Asphalt Maintenance Co. v. Parker-Washington Co.

Citations

• 197 F. 920
• 1912 U.S. Dist. LEXIS 1506

Syllabus

<p>1. Patents (§ 328*) — Validity and Infringement — Machine for Heating Surfaces.</p> <p>The Lutz patent, No. 839,071, for a machine for heating surfaces,- designed for use in repairing asphalt pavement and comprising, generally, means for supplying a fluid heating medium, including a heating chamber, a conduit for such medium, and a jet blower discharging a blast of steam, preferably, into such conduit for forcing the medium against the surface to be treated, mingling with it and modifying its effect, is void for lack of novelty and invention. It covers a combination of elements all of which were old, and the combination itself is only differentiated from others in the prior art by substituting for a fan blower for forcing the heating medium against the surface to be heated, a jet blower which was also old in an analogous art, and its transfer required no more than mechanical skill. Also, held not infringed if conceded validity. •</p> <p>2. Patents (§ 66*) — Anticipation.</p> <p>- If the effect of a combination was present, though not emphasized, in a prior invention, a later applicant cannot, by mere explicit reference,</p> <p>- transform it into patentable novelty and appropriate it to his own exclusive use.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 79, 81; Dec. Dig. § 66.*]</p> <p>3. Patents (§§ 66, 70*) — Anticipation—Prior Patents.</p> <p>Rev. St. § 4886 (U. S. Comp. St 1901, p. 3382), by authorizing a patent for any invention or discovery not known or used by others in this country “and not patented or described in any printed publication,” places printed publications and prior patents on the same footing as anticipations.</p> <p>[Ed. Note — For other cases, see Patents, Cent. Dig. §§.79, 81, 85; Dec. Dig. §§ 66, 70.*]</p>