Kryptok Co. v. Stead Lens Co.

Citations

• 207 F. 85
• 1913 U.S. Dist. LEXIS 1296

Syllabus

<p>1. Patents (§ 81*)—Pbiob Use—Evidence to Establish.</p> <p>Oral testimony of a prior use is always open to suspicion and cannot prevail over the legal presumption of validity which accompanies a patent unless it is sufficient to establish such a use beyond a reasonable doubt.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. § 101; Dec. Dig. § 81.*]</p> <p>2. Patents (§ 168*)—Validity—Cancellation of Claims in Patent Office.</p> <p>The cancellation of a claim in an application for a patent which is substantially identical with a remaining claim does not affect the validity of the latter.</p> <p>¡Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 2481£, 244; Dec. Dig. § 168.*]</p> <p>3. Patents (§ 167*)—Anticipation—Pbiob Patents.</p> <p>That a drawing of a patent, through an error of the draftsman, shows a construction evidently not contemplated nor claimed by the inventor does not give the patent effect as an anticipation of a subsequent patent in that particular.</p> <p>[Eel. Note.—For other cases, see Patents, Cent. Dig. § 248; Dec. Dig. § 167.*]</p> <p>4. Patents (§ 62*)—Anticipation—Measube of Pboof.</p> <p>Anticipation must be proved by evidence so cogent as to leave no reasonable doubt in the mind of the court.</p> <p>I Ed. Note.—For other cases, see Patents, Cent. Dig. § 78; Dec. Dig. 1 62.*]</p> <p>5. Patents (§ 66*)—Anticipation—Acquiescence in Action of Patent Office.</p> <p>That an applicant for a patent acquiesced in the suggestion of the Patent Office that a feature of his device was shown in a prior patent does not estop him from denying thfe pertinency of the prior patent as an anticipation in other particulars.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 79, 81; Dec. Dig. § 66.*]</p> <p>6. Patents (§ 26*)—Anticipation—Patent fob Combination.</p> <p>A patent for a combination is not anticipated nor invalid for lack of invention because an expert may be able to build up the patented device by selecting parts taken from