Hale & Kilburn Mfg. Co. v. Lehigh Valley Traction Co.

Citations

• 126 F. 653
• 1903 U.S. App. LEXIS 5195

Syllabus

<p>1. Patents — Handhold on Oar Seats — Anticipation.</p> <p>Davis patent, No. 648,927, relating to certain improvements in the backs of ear-seats by the addition of a handhold from the cut-out corner of the seat, intended for the use of passengers compelled to stand in the aisle, held not anticipated by McKelvey and Van Beek patent, No. 363,661; Gilfillan patent, No. 436,829; Gilfillan and Emmert patent, No. 421,356; or Stevenson reissued patent, No. 6,429.</p> <p>2. Same.</p> <p>Where it was claimed that Davis patent, No. 648,927, for handhold on car-seats, was anticipated by Hale patent, No. 626,831, but the patentee testified that before the issuance of the patent to Davis his partner disclosed such handhold to witness, and that witness immediately took steps to put it into commercial use, and the Hale patent made no claim for the seat-back or the handle, which was merely shown in one of the specifications thereof, the Davis patent thereon subsequently issued was not anticipated by the Hale patent.</p> <p>3. Same — Patentable Novelty.</p> <p>Davis patent, No. 648,&27, for a handhold on the inside corner of car-seats, for the benefit of passengers compelled to stand in the aisles of crowded cars, is not void for lack of patentable novelty.</p>