O. H. Jewell Filter Co. v. Jackson

Citations

• 140 F. 340
• 72 C.C.A. 304
• 1905 U.S. App. LEXIS 3939

Syllabus

<p>1. Patent — A Contract — Rules for- Construction of Contracts ■ Apply.</p> <p>A patent is a contract made by tbe acceptance by tbe government of tbe proposition made by tbe inventor in bis application. Tbe rules for tbe interpretation of contracts govern its construction. Tbe intention of tbe parties when tbe patent issued must be deduced, if possible, not from a part of tbe contract, but from the entire agreement</p> <p>[Ed. Note. — For cases in point, see vol. 38, Cent. Dig. Patents, §§ 229-231.]</p> <p>2. Same — Construction—Specification and Claims must be Read Together.</p> <p>Tbe specification of a patent which forms a part of the same application as its claims must be read and construed with the latter, not for the purpose of expanding, nor for the purpose of limiting or contracting, the claims, but for tbe purpose of ascertaining their true meaning and the intention of the parties when they were made and allowed.</p> <p>[Ed. Note. — For cases in point, see vol. 38, Cent Dig. Patents, §§ 229-235.]</p> <p>3. Same — Claim “Substantially as Specified” Governed bx Same Rule.</p> <p>The same rule governs the construction when the words “substantially as specified” are found in a claim, for the claim is founded upon and is explained by the specification, whether these words appear in it or not. The words “substantially as specified,” in a claim, refer to the elements, construction, and operation set forth in the specification.</p> <p>4. Same — Elements in Specification Essential to Combination Claimed.</p> <p>Mechanical elements described in a specification, which are essential to the operation in the way portrayed in the specification of a combination claimed, and those that are thus indispensable only, may be read into a claim from the specification.</p> <p>5. Same — Infringement—When Change of Form of Element is Not.</p> <p>Mere changes of form of a device or of some of the mechanical elements of a combination secured by a patent will not avoid infringement,