Newton v. Furst & Bradley Co.

Citations

• 119 U.S. 373
• 7 S. Ct. 369
• 30 L. Ed. 442
• 1886 U.S. LEXIS 2001

Syllabus

<p>The first clajnrof reissued letters-patent No. 8986, granted to Robert New- , -ton, December 2d, 1879, for an improvement in gang-ploughs; (the original patent, No. 56,812, having been granted to F. S: Davenport, as inventor, October 9 th, .1886,) namely, “1. In a wheel-plough, the combination, with a swing-axle andgrouDd or carrying-wheel, of friction-clutch mechanism, and.means for'engaging and disengaging the latter with the ground or carrying-wheel, said parts being.constructed and adapted to raise the plough by locking the swing-axle to the carrying-wheel by friction-clutch engagement, and raise the plough-beam by the draft or power of the team, substantially as set forth,” is, in view of the stete-Tif the art at the1 time of -the invention of Davenport, not infringed by an apparatus in which the axle and the friction-clutch mechanism are different, as devices, from those of the patent.</p> <p>The first claim of the reissue is invalid, the reissue having been applied for more than thirteen years after the original patent was granted, and after the defendant had begun to make machines of the pattern complained of. ,</p> <p>The defendant’s machine did not infringe the original patent, and the reissue was taken, to cover it.</p>