Gibbs v. Ellithorp

Citations

• 1 MacA. Pat. Cas. 702
• 10 F. Cas. 294

Syllabus

<p>Design — letter of the alphabet — useful purpose. — A drawing, pattern, or casting of the letter G, or any other letter of the. alphabet, is not patentable of itself as a new design. To give it any novelty or usefulness, it must have some purpose in combination with something else — as when used as a frame to support the working machinery of a sewing machine.</p> <p>Sm — working machinery — SPECIFICATION.—The claim for the design in such a case would not depend on the novelty of the machinery; but to perfect the design and make it patentable, the working machinery must be applied or shown to the Office to be capable of application. It is not necessary, however, to describe the machinery in the specification.</p> <p>Notice — object of — how waived — eule 90. — The object of notice generally, and as provided in Office Rule 90, is to bring the adverse party before the examining officer, and to give him the opportunity to cross-examine the witnesses. But if the adverse party voluntarily comes, and is present and cross-examines, notice and proof of service are thereby waivedthe substance is obtained, and they are mere form. The adverse party, under such circumstances, is also bound to take notice of the adjournment.</p>