King v. Gedney

Citations

• 1 MacA. Pat. Cas. 443
• 14 F. Cas. 526

Syllabus

<p>Right op appeal — contending applicants — patentee.—The judge can only act in a casc-wlien there are contending applicants for a patent, and those applicants must have prayed for a patent. A patentee has already obtained all he asked for, and he cannot appeal from a decision adverse to himself but favorable to the applicant contestant.</p> <p>Claim — construction of — not taken alone. — The claim of the United States patent is not separately construed, and with the same strictness as the title or claiming part of the British patent. Under our law, the specifications and the drawings, as a whole, are included in and made component parts of the patent, and they should be taken in construction together in explanation of whatever is dubious; and according to this rule, one part of the specification and drawing may be resorted to to explain any other.</p> <p>Oatii oe invention — covers all matters described. — The oath of invention attached to the specification covers all matters described therein, and not merely the matters specified in the claim.</p> <p>Interference — not confined to conflicting claims. — An interference exists between two applicants who describe in their specifications the same invention, although the claim of one of the parties is not as broad as his specification.</p> <p>Right of appeal — substantial refusal of a patent. — In such a case, therefore, an appeal will lie to the judge from a decision of the Commissioner granting a patent to each of the applicants for the matter claimed by him, although he has not in terms refused a patent. (His granting a patent to both parties substantially refuses a patent to one of them as prayed for?)</p> <p>Employer and employee — general directions — mechanical skill. — -If an employer conceives the result embraced in an invention, or the general idea of a machine upon a particular principle, and then, to carry his conception into effect, it is necessary to employ manual dexterity or even inventive skill Jn the