Morrison v. Sonn

Citations

• 111 F. 172
• 1901 U.S. App. LEXIS 4956

Syllabus

<p>1. Patents—Suit for Infringement—Defenses.</p> <p>In a suit for infringement the chancellor should be satisfied upon three fundamental questions: First. Has the patentee invented something? Second. Is the invention described in the specification? Third. Is it covered by the claim? If these questions be all answered in the affirrn1 ative, the court should not permit a defendant who has appropriated all the advantages of the invention to escape because of changes in form only, no matter how specious or ingenious they may be.</p> <p>3. Same—Validity and Infringement—Brush-Making Machine.</p> <p>The Morrison patent, No. 570,004, for a brush-making machine, the essential feature of which is a reciprocating hopper for assembling the bristles in the recesses of tlie brush plate, discloses an invention of a high order of merit and usefulness in the art, which was not anticipated, and the patent is valid, and entitled to a liberal construction. Claim 1 construed, and held infringed.</p>