· 4/26/1912

International Mausoleum Co. v. Sievert

Citations

  • 197 F. 936
  • 1912 U.S. Dist. LEXIS 1508

Syllabus

<p>1. Patents (§ 310*) — Validity—Determination on Demurrer.</p> <p>• In passing upon the question of the validity of a patent, when raised by demurrer to a bill for its infringement, the court cannot take cognizance of anything dehors the record, excepting such matters as are of common knowledge.</p> <p>[Ed. Note. — Eor other cases, see Patents, Cent. Dig. §§ 507-540; Dec. Dig. § 310.*]</p> <p>2. Patents (§ 328*) — Validity—Subject-Matter—Burial Crypt.</p> <p>The Hood patent, No. 858,070, for a burial crypt, which as described in the specification is a building, with a central hallway, and receptacles for bodies arranged in tiers on either side, is void as for a subject-matter not within the patent laws, and also because the claims are each for an aggregation of nonco-operating elements, all of which were old and nonpatentable.</p>

Judges: Killits

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