Kahn v. Starrells

Citations

• 131 F. 464
• 1904 U.S. App. LEXIS 4914

Syllabus

<p>1. Patents — Novelty—Flat Knit Caps.</p> <p>The Kahn patent, No. 609.011, claim 3, covering as an article of manufacture a flat knit cap formed from a single length of tubular fabric by distending and setting it on a block or former, is void for lack of novelty; the product, as distinguished from the process of making, differing not at all from other caps in extensive prior use.</p> <p>2. Same — Peocess—Invention.</p> <p>The Kahn patent, No. 009,011, claims 1 and 2, which cover a method or process of making flat knit caps, are void for lack of patentable invention, the process claimed and described differing from that previously used only in the degree of prominence given to certain of the steps employed, which are essentially alike in both; the desired shape being obtained in the older method more by fashioning in the knitting, and in that of the patent more by distending the knitted fabric by stretching. The patent held, also, not infringed, if conceded validity.</p> <p>3: Same — Lessening Cost oe Manueactube.</p> <p>An improvement in a mechanical process which results in increased rapidity of manufacture, and consequent cheapening in cost of the article, does not for that reason alone disclose invention, where the steps in the process remain the same; the only difference being in the relative extent to which certain of such steps are carried.</p>