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· 6/28/1904

New Jersey Wire Cloth Co. v. Buffalo Expanded Metal Co.

Citations

  • 131 F. 265
  • 1904 U.S. App. LEXIS 4897

Syllabus

<p>1. Patent — Infringement—Fireproof Floor Construction.</p> <p>The Orr patent, No. 471,772, for a fireproof floor and ceiling construction, is entitled to a narrow construction, only, in view of the prior art, limiting it to the precise structure shown. As so construed, it is not infringed by the construction shown in the Golding patent, No. 529,724.</p> <p>2. Same — Evidence to Negative Infringement — Proceedings in Patent Office.</p> <p>The fact that an application for a patent was considered in the Patent. Office in connection with a prior patent, and several claims rejected thereon, creates an unusually strong presumption that the structure of the1 patent as granted is substantially different from the earlier patent</p>

Judges: Hazel

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