Spain v. Gamble

Citations

• 1 MacA. Pat. Cas. 358
• 22 F. Cas. 851

Syllabus

<p>Interference — priority of invention — first original inventor. — It is not sufficient to show as against a contending applicant that the invention was original, and that the inventor had no notice's!: the rival invention. The law requires that the patentee should not only be an original but the first original inventor.</p> <p>Mechanical equivalent — rod and endless chain. — A rod is the known equivalent of an endless chain in machinery when it can be used for the same purpose and to accomplish the same effect, and they are not, therefore, when so used substantially different.</p> <p>Interference — matter claimed. — When two applications are properly in interference upon their claims as made it is unnecessary to consider whether there are differences between the two machines which might entitle one or the other party to a patent if the claims had been presented in a different shape.</p>