Hale & Kilburn Mfg. Co. v. Oneonta, Cooperstown & Richfield Springs Ry. Co.

Citations

• 129 F. 598

Syllabus

<p>1. Patents — Anticipation—Presumption from Action of Patent Office.</p> <p>The presumption arising from the granting of a patent, that it was not anticipated by one previously issued, is strengthened where it is shown that such prior patent was called to the attention of the examiners and considered before the one in suit was granted, and in such case any doubt on the question must be resolved in favor of the later patent.</p> <p>2. Same — Inoperative Prior Device.</p> <p>A patent for an operative and useful device is not anticipated by a prior device which is not operative, although the parts and combination may be similar.</p> <p>3. Same — Infringement—Car Seats.</p> <p>The Hale patent No. 359,354, for a car seat, construed, and held not anticipated, valid, and infringed.</p> <p>V 2. See Patents, vol. 38, Cent. Dig. § 73.</p>