Good Form Mfg. Co. v. White

Citations

• 153 F. 759
• 1907 U.S. App. LEXIS 5126

Syllabus

<p>1. Patents — Oonstbuotion on Claims — Acquiescence in Limitations.</p> <p>If a patentee acquiesces in the limitations suggested by the Patent Office, and tlie essential elements of the claim are alluded to by reference letters indicating that the Patent Office intended to restrict the claims to tlie particular device described, a claim to a broader scope cannot be maintained.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 38, Patents, § 244.)</p> <p>2. Same — Infkingement—Neckties.</p> <p>The Davies patent, No, 005,947, for a necktie having “the connections, C, C, secured to the inner face of the hand portion adjacent to each end portion, and provided at their free ends with rings adapted to fit over a collar button,” conceding it to disclose patentable invention, in view of tlie prior art and the action of the Patent Office in suggesting the language of the claim designating the connection pieces by reference letters, which suggestion was accepted by the patentee, must be limited to a tie having connections so secured. As so limited, livid not infringed.</p>