Ide v. Trorlicht, Duncker & Renard Carpet Co.

Citations

• 115 F. 137
• 53 C.C.A. 341

Syllabus

<p>1. Patents — Combination of Old Elements.</p> <p>A new combination of old elements, whereby an old result is attained' in a more facile, economical, and efficient way, may be protected by a patent</p> <p>8. Same — Independent Inventions Patentable where Advance in Art Gradual.</p> <p>Where the advance toward perfection in an art consists of many intermediate steps, and several inventors form different combinations or improvements which score decided advances in the art and accomplish the desired result with varying degrees of success, each is entitled to his own combination, so long as it differs from those of his competitors, and does not include theirs.</p> <p>3. Same — Abandonment—Evidence of Intention.</p> <p>Clear evidence of an intention to dedicate an improvement to the public is indispensable to establish an abandonment under the patent law.</p> <p>4. Same — Dates of the Filing of, and of Patents upon, Applications of-Same Inventor Pending at the Same Time.</p> <p>Where each of several applications of the same inventor which subsequently ripen into patents describes the entire machine and the inventions claimed in all the applications, but no one of the applications claims any invention claimed in any of the others, and they are all pending at the same time, the respective dates of the patents and of the filings of the applications therefor are immaterial, and the applications and patents cannot be used to anticipate each other.</p> <p>5. Same — Specification—Dedication of Inventions not Claimed.</p> <p>A patentee dedicates to the public every combination and improvement apparent on the face of his specification which he does not point out and distinctly claim as his discovery or invention.</p> <p>6. Reissue — Claims for Improvements Described but not Claimed in the Original Patent Void.</p> <p>The insertion, in a reissued patent, of claims for inventions which were described, but which the patentee neither claimed nor intended to claim-- or to protect by