S. A. Cook & Co. v. Heywood Bros. & Wakefield Co.

Citations

• 131 F. 755
• 1904 U.S. App. LEXIS 4948

Syllabus

<p>1. Patents — Inventions in Same Art.</p> <p>A patent for an improvement in chairs having an adjustable back, and. one for a similar device as an improvement in articles of furniture having a swinging member, are in the same art; only mechanical skill being required to adapt the device to the different articles.</p> <p>2. Same — Infringement—Improvement Patents.</p> <p>Where an invention is for an improvement on a known machine by a mere change of form or combination of parts, the patentee cannot treat another as an infringer who has improved the original machine by the use of a different form or combination performing the same function.</p> <p>3. Same — Improvement in Furniture.</p> <p>The Bowen patents, No. GG7,1G2, for an improvement in chairs, and No. G78,219, for an improvement in furniture, both relating to a ratchet device for use on articles of furniture having a swinging member, are not infringed by the device of the Luppino reissued patent, No. 11,919.</p> <p>¶ 2. See Patents, vol. 38, Cent. Dig. § 38.</p>