New England Motor Co. v. B. F. Sturtevant Co.

Citations

• 140 F. 866
• 1905 U.S. App. LEXIS 4848

Syllabus

<p>1. Patents — Anticipation—Inoperative Device.</p> <p>A patent cannot, as an anticipation, properly have applied into it, from necessity, more than it fairly shows, to make it an operative structure. What is required, and not so shown, is left for later inventors.</p> <p>2. Same — Infringement—Electric Motor Frames.</p> <p>The Burke patent, No. 631,518, for an electric motor or generator, the essential feature of which is an armature cradle supported by the magnet frame and removably and reversibly attached thereto -for the purpose of securing a permanently perfect alignment of the bearings and a machine which can be reversed and affixed to the ceiling when desired, without interfering with the adjustment of the armature, was not anticipated and discloses patentable .invention; also held infringed.</p> <p>3. Same — Prior Invention.</p> <p>The Bliss patent, No. 669,574, for a dynamo-electric machine, considered, and held valid as against the claim of prior invention and use by another ; also held infringed.</p> <p>4. Same.</p> <p>One who conceived an invention and exercised diligence in filing an application is entitled to a patent therefor, although it was first reduced to practice by another, to whom it was disclosed by the inventor.</p> <p>[E’d. Note. — For cases in point, see vol. 38, Cent. Dig. Patents, §§ 113-119.]</p>