Marshall v. Pettingell-Andrews Co.

Citations

• 153 F. 579
• 1907 U.S. App. LEXIS 5111

Syllabus

<p>Patents — Invention—Insulating Ltnings.</p> <p>The Marshall patent, No. 784,695, for an insulating lining consisting of a paper tube held in the metallic shell by its resiliency and yet easily removable, claims 5 and 9 are void in view of tbe prior art, as involving merely the substitution of paper as an insulating material for vulcanized liber previously used, with no change excel)! the minor advantage of removability which results from the fact that paper is slightly more compressible, an advantage not involving invention, and also because both claims are devoid of patentable novelty in view of the Hart “Diamond II” switclicap which preceded the alleged invention of the Marshall patent, and had a paper lining similar in use. purpose, and function.</p>