Jones v. Cyphers

Citations

• 115 F. 324
• 1902 U.S. App. LEXIS 4933

Syllabus

<p>1. Patents — Suit for Infringement — Pleading—Anticipation.</p> <p>Prior patents relied on by a defendant in a suit for infringement as anticipations of the one in suit must be pleaded; otherwise they cannot be considered for that purpose, but only to show the state of the art, and to limit the claims involved.</p> <p>8. Same — Infringement—Incubator.</p> <p>The Jones patent, No. 586,088, for an improvement in incubators, relating to their heating and ventilation, in view of the prior art, must be limited to the exact combination shown, which includes an inlet pipe passing directly from the external atmosphere to the interior of the egg chamber, and an exit pipe leading to the heating device, so that the exhaust of air from the chamber, to produce ventilation, Is effected by the suction or draft caused by the heating device. As so construed, held not infringed.</p>