Freeman v. Asmus

Citations

• 145 U.S. 226
• 12 S. Ct. 939
• 36 L. Ed. 685
• 1892 U.S. LEXIS 2135

Syllabus

<p>The first claim of reissued letters patent No. 3204, granted to George As-mus, November 24, 1868, for an improvement in blast furnaces, on the surrender of original letters patent No. 70,447, granted to E. W. Lfirmann, of Os'nabruch, in Prussia, November 5, 1867, namely, “ A blast furnace with a closed breast, where the slag is discharged through an opening or openings cooled by water, substantially as set forth,” is invalid, because there was nothing in the original specification indicating that any such claim was intended to be made in the original patent, although the application for the reissue was made less than a year after the original pate.nt was granted; and because, as respected that claim, the reissue was not for the same invention as the original patent, and was, therefore, within the express exception of the statute (Act of July 4, 1836, C.-357, § 13, 5 Stat. 122).</p> <p>The cases in this court on the subject of reissues, reviewed.</p> <p>The fact commented on, that the application for the reissue was not signed or sworn to by the inventor, but only by the assignee of the patent.</p>