Hill v. Dunklee

Citations

• 1 MacA. Pat. Cas. 475
• 12 F. Cas. 151

Syllabus

<p>Evidence — party as witness — effect of assignment. — A party named on the record cannot be released by an assignment of his invention so as to constitute him a competent witness.</p> <p>Re-examination as to new matter. — After a witness has been examined in chief and cross-examined, he cannot be recalled and re-examined as to new matter. The re-examination must be confined to a reaffirmance of the facts already stated and in explanation of the facts stated upon cross-examination. A second deposition, taken in violation of this rule, suppressed.</p> <p>Disclaimer in specification — effect of.- — -The general sense of a disclaimer embodied in the specification must be restrained to the purpose for which it was used in connection with that specification, and will not estop the inventor from subsequently maintaining a claim for the invention so disclaimed in another proceeding.</p> <p>Presumption from patent — decisions in infringement suits. — The presumption of invention arising out of the grant of the letters-patent, and against which the defendant in an infringement suit must contend, does not exist as between contending applicants for patents; and the application of the decisions of the courts to interference cases is modified by that circumstance.</p> <p>Reduction to practice. — For the purpose of obtaining a pafent, it is not necessary to show that the invention has been reduced to practice if it appear that the invention was devised and explained to others, and was not subsequently abandoned.</p> <p>Sm — bearing of decisions in infringement suits. — The dicta of the judges in infringement suits, to the effect that the person who reduces the invention to practice, and he only, is entitled to a patent, are not applicable to all cases of interference, but they may well apply to those cases where, from a long and unreasonable delay and unsuccessful experiments or an acquiescence in the inventions becoming public,, evidence is furnished of an abandonment by the p