McGill v. Whitehead & Hoag Co.

Citations

• 137 F. 97
• 1905 U.S. App. LEXIS 5204

Syllabus

<p>1. Patents—Validity and Infringement—Scarf Pin.</p> <p>The McGill patent, No. 285,641, for a scarf or tidy pin or stud, is void for lack of patentable novelty, in view of the prior art. Also construed, .and, as narrowed by the amendment of the claim in the Patent Office to meet objections of the examiner, held not infringed, if conceded validity.</p> <p>2. Same—Construction of Claims—Estoppel.</p> <p>Where a patentee, with knowledge of a device made by defendant, made no claim of infringement for five years, he will be held estopped to thereafter place a different construction on his patent, just before its expiration, for the purpose of making out a ease of infringement.</p> <p>[Ed. Note.—For cases in point, see vol. 38, Cent. Dig. Patents, §§ 468, 469.]</p>