Killeen v. Buffalo Furnace Co.

Citations

• 140 F. 33
• 1905 U.S. App. LEXIS 4753

Syllabus

<p>1. Patents — Infringement—Casting Apparatus.</p> <p>The Killeen patent, No. 608,143, for casting apparatus for blast furnaces, . consisting of a metal skimmer trough having a skimming barrier and a dam below, and as an essential feature a. drain opening in the side of the trough above the dam, was not anticipated, and, while of narrow scope, in view of the undoubted utility and the immediate and wide adoption of the apparatus by those skilled in the art, must be conceded novelty and patentable invention. Also held infringed by the device of the Bachman patent, No. 636,885.</p> <p>2. Same — Priority of Invention.</p> <p>The general rule is that he who first reduces an invention to practice is ordinarily held to be the inventor as against another who claims to have previously conceived the idea which led to the invention, but made no practical application of it.</p> <p>[Ed. Note. — For cases in point, see vol. 38, Cent. Dig. Patents, §§ 116, 117.]</p>