Jones v. Cyphers

Citations

• 126 F. 753
• 62 C.C.A. 21
• 1903 U.S. App. LEXIS 4367

Syllabus

<p>1. Patents — Devices Belonging in Same Art — Ventilating Systems.</p> <p>Patents covering systems of ventilation belong in the same art, although they may apply the art to different structures.</p> <p>2. Same — Suit for Infringement — Pleading Prior Patents.</p> <p>Prior patents not pleaded cannot be availed of as anticipations, but they are admissible in evidence as showing the prior art, and are to be considered in determining whether, in view of such art, the patent in suit discloses invention.</p> <p>3. Same — Invention—Ventilation of Incubators.</p> <p>The Jones patent, No. 586,088, for improvements in incubators, claims 1, 2, 3, 9, and 14, which relate to a system of ventilation for the egg chamber, in which the draft created by heating an outlet pipe is used to produce a positive circulation of air in the chamber, are void for lack of patentable invention; being merely an application to incubators of devices previously known in the art of ventilation, and applied in the ventilation of houses and rooms.</p> <p>¶ 2. See Patents, vol. 38, Cent. Dig. § 542.</p>