Grier v. Wilt

Citations

• 120 U.S. 412
• 7 S. Ct. 718
• 30 L. Ed. 712
• 1887 U.S. LEXIS 1987

Syllabus

<p>In view of tli® state of the art, claim 4 of letters-patent No. 190,368, granted to Asa Quincy Reynolds, May 1, 1877, for an “ improvement in automatic fruit-driers,” namely, “ 4. In combination with a fruit-drier, the outer wall of which is made up of the frames of the several trays, as explained, a suspending device, operating substantially as described, and supporting said drier from a point in or on the lowermost tray thereof, for the objects named,” is not infringed by an apparatus constructed in accordance with the description in letters-patent No. 221,050, granted to George S. Grier,'October 28, 1879, for an “ improvement in fruit-driers.”</p> <p>In a suit in equity for the infringement of letters-patent, prior letters-patent, though not set lip in the answer, are receivable in evidence to show the state of the art, and to aid in the construction of the claim of the patent sued on,, though not to invalidate that claim on the ground of want of novelty, when properly construed.</p>