George Frost Co. v. Cohn

Citations

• 119 F. 505
• 56 C.C.A. 185
• 1902 U.S. App. LEXIS 4684

Syllabus

<p>). Patents—Patentable Novelty—Substitution of Materials.</p> <p>Whether the substitution of one known material for another in the construction of an article is patentable depends upon whether what was done involved the exercise of inventive faculty as distinguished from the ordinary skill of the calling, and when the substitution has accomplished a result which those skilled in the art had long and vainly sought to effect the evidence that it involved something beyond the skill of the calling is so persuasive that it generally resolves the inquiry in favor of patentable novelty.</p> <p>2. Same—Hose Supporter.</p> <p>The Gorton patent, No. 552,470, for a hose supporter, claim 1, the essential feature of which is the substitution in the clasp of a well-known form of supporter of a button made of rubber or similar material having a fibrous, yielding, or elastic surface for the metal button of the prior art, was not anticipated, and discloses patentable novelty, in view of the marked superiority of the article as so constructed.</p>