Jackes-Evans Mfg. Co. v. Hemp & Co.

Citations

• 140 F. 254
• 71 C.C.A. 646
• 1905 U.S. App. LEXIS 3931

Syllabus

<p>1. Patents — Validity—Adjudication on Demurrer.</p> <p>While a patent may be adjudged void on demurrer to a bill for its infringement for invalidity manifest on its face, it should not be so adjudged if the court has any doubt on the question, but the patentee should be given the opportunity to adduce evidence in support of the presumption of validity arising from the grant.</p> <p>[Ed. Note. — For cases in point, see voi. 38, Cent Dig. Patents, § 536.1</p> <p>2. Same — Invention—Stovepipes.</p> <p>The Evans patent, No. 481,856, for a stovepipe having a lock for the engaging edges of each joint, so that they may be disengaged, and the sheets flattened out for transportation, and again put together by the hands without tools, or locked against such disengagement, is not so obviously lacking in invention as to warrant its being declared void on demurrer.</p>