New York Scaffolding Co. v. Liebel-Binney Construction Co.

Citations

• 254 U.S. 24
• 41 S. Ct. 18
• 65 L. Ed. 112
• 1920 U.S. LEXIS 1231

Syllabus

<p>The court notices the earlier forms of scaffolding used in the construction of buildings. P. 26.</p> <p>The fact that certain advantages over the prior art asserted for the patented device here in question were not asserted in the patent itself, held not to deprive the patent of their benefit in determining whether .the device was an invention. P. 31.</p> <p>Patent No. 959,008, claims 1 and 3, to Elias H. Henderson, for improvements in scaffold-supporting means, does not involve any invention over the prior art as displayed in the earlier patent to William J. Murray, but merely mechanical changes, easy to discern and to make, and incidental to the main idea of the Murray patent. Pp. 27-31.</p> <p>243 Fed. Rep. 577, affirmed.</p>