Fairbanks, Morse & Co. v. Stickney

Citations

• 123 F. 79
• 59 C.C.A. 209
• 1903 U.S. App. LEXIS 3975

Syllabus

<p>1. Patents—Invention—Presumption prom Granting op Patent.</p> <p>A presumption of patentable novelty arises from the granting of a patent for a new combination of old elements, which can only be overcome by clear proof.</p> <p>2. Same—Infringement—Friction-Clutch Mechanism.</p> <p>The Hobart patent, No. 655,440, for a clutch mechanism, held to disclose invention and patentable novelty, and to be valid and infringed as to claims 3, 4, and 5, but void as to claim 6.</p> <p>8. Same—Suit for Infringement—Costs.</p> <p>Where one claim of a patent is adjudged void in a suit for infringement, the complainant is precluded by Rev. St. § 973 [U. S. Comp. St. 1901, p. 703], from recovering costs, although other claims are held valid and infringed, unless a proper disclaimer as to the void claim was entered before the suit was brought.</p> <p>¶ 1. See Patents, vol. 38, Cent. Dig. §§ 35, 53.</p>