· 9/15/1902

Schreiber & Conchar Mfg. Co. v. Adams Co.

Citations

  • 117 F. 830
  • 54 C.C.A. 128
  • 1902 U.S. App. LEXIS 4474

Syllabus

<p>1. Patents—Construction of Claims—Limitation by Language Used.</p> <p>Where the language of the claims of a patent is clear and unambiguous, it cannot be enlarged -by the courts, although it may not be broad enough to cover the actual invention of the patentee.</p> <p>2. Same—Infringement—Stove Dampers.</p> <p>The Farwell patent, No. 493,548, for an adjustable stove damper, was not anticipated and is valid, but is limited, not only by the prior art, but by the specific language of its claims, to a damper with a rod having two grooves in it, one on each side thereof, extending nearly its entire length, and is not infringed by the damper of the Ohnemus & Sanner patent, No. 623,417, in which the rod is not grooved.</p>

Judges: Lochren

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