Hailes v. Albany Stove Co.

Citations

• 123 U.S. 582
• 8 S. Ct. 262
• 31 L. Ed. 284
• 1887 U.S. LEXIS 2199

Syllabus

<p>APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK.</p> <p>Under the patent laws a disclaimer cannot be used to materially alter the character of the patented invention, or to effect such a change in it as calls for further description or specification in order to make it intelligible : but its proper office is in’ the surrender either of a separate claim, or of some distinct and separable matter, which can be exscinded without mutilating or changing what is left.</p> <p>The drawings cannot be used on a disclaimer to show that the patent,' as changed by the disclaimer, embraces a different invention from that described in the specification.</p> <p>Sections 4917 and 4922 of the Revised Statutes are parts of one law, having one general purpose, and both relate to the case in which a patentee', through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, has included in his claims and in his patent inventions to which he is not entitled, and which, are clearly distinguishable from those to which he is entitled; the purpose of § 4917 being to authorize him in such case to file a disclaimer of the part to which he - is not entitled, and the purpose of § 4922 being to legalize the suits on the patent mentioned in that section, and to the extent to which the patentee can rightfully claim the patented invention.</p>