J. L. Owens Co. v. Twin City Separator Co.

Citations

• 168 F. 259
• 93 C.C.A. 561
• 1909 U.S. App. LEXIS 4451

Syllabus

<p>1. Patents (§ 177*) — Gbnebal Claim: — Not Limited by Specific Claim in Same Patent.</p> <p>Where a patent contains a general claim for a combination of certain elements and a specific claim for a combination of a particular form, composition, or construction of an element of that combination with its other elements, the general claim is not limited to the particular form, composition, or construction of the element claimed in the specific claim, but the general claim protects the element and its mechanical equivalents, although they may differ from the form, composition, or construction claimed in the specific claim.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. § 258; Dec. Dig. § 177.*]</p> <p>2. Patents (§ 378*) —Not Limited to Immatebial Details ob Descbiption in Specification.</p> <p>The description in a specification or drawing of a form, or a composition, or a construction of a mechanical element, when ihat form, composition, or construction is not essential to the combination or improvement claimed, is the mere pointing out of the best mode in which the patentee contemplated applying the principle of his invention pursuant to section 4888, Rev. St. (U. S. Comp. St. 1901, p. 8883), and it docs not deprive him of protection against mechanical equivalents of the element, nor does it indicate that he intended to give up all other modes of application.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. § 254% ; Dec. Dig. § 178.*]</p> <p>3. Patents (§ 828*) — Construction—Pabticulae Patents.</p> <p>The specification and drawings of a patent described a lap deck com- , posed of a rigid short deck and a flexible apron secured to its upper edge and extending beneath and beyond it. The patent had two claims, one general, for a combination of other elements with the lap deck, another specific, for a combination of the other elements with the lap deck, composed of a rigid deck and a flexible flap shown in the specification. The composition of