MacDonald v. McLean

Citations

• 38 F. 328
• 13 Sawy. 635
• 1889 U.S. App. LEXIS 2823

Syllabus

<p>Patents for Inventions — Patentability—Novelty—Joint Markins Tool.</p> <p>Letters patent No. 334,135, January 13,1886, to Malcom MacDonald, are for an implement for marking and dressing the joints of cement pavements and surfaces, having on its face a Y-shaped blade with concave sides, for making the indentation or joint and convexing its sides, and laterally-concaved surfaces on its face on each side of and adjoining the blade,s and continuing the curvature of its sides for convexing the edges and adjacent surfaces of the joint, the whole face being convexed in the direction of its length, and a handle and shank being bolted between the side pieces above the blade, which iS’ also clamped between them. For many years before the application tools laterally concave and longitudinally convex on their faces were in general use, and produced, in substantially the same‘way, substantially the same re-suits. IleW, that, though the patented implement may be more perfect in lateral concavity and longitudinal convexity, and consequently do better work, the patent is void for want of novelty.</p>