Facer v. Midvale Steel-Work Co.

Citations

• 38 F. 231
• 1888 U.S. App. LEXIS 2754

Syllabus

<p>1. PATENTS FOE INVENTIONS — PjlIOR STATE OF THE AllT — ÜIF.S FOE FORGING Car-Wheel Tires.</p> <p>In the application for the plaintiff's patent for dies for forging car-wheel tires the combination of an anvil die having a projecting horn and a hammer die having an extension over the anvil and horn was claimed. This claim was rejected on account of the state of the art, and amended, restricting it to a hammer die having a certain form and extent. Held not to be novel, and that the patent was invalid.</p> <p>3. Same — Injunction—Discontinuance of Infringement.</p> <p>The circuit court has jurisdiction to decree an injunction where the defendants had, previous to suit brought, upon request of plaintiff, discontinued the use of the infringing device.</p> <p>S. Same — Invention—Mechanical Skill not Invention.</p> <p>Where a rectangular hammer die extending over the face and horn of an anvil was old, merely cutting off the two corners of the end extending over the horn, reducing it to a “ central projection, ” involves mechanical skill only, and not invention.</p>