Star Mfg. Co. v. Crescent Forge & Shovel Co.

Citations

• 179 F. 856
• 103 C.C.A. 342
• 1910 U.S. App. LEXIS 4722

Syllabus

<p>1. Patents (§ 75*) — Validity—Prior Use.</p> <p>The commercial use of a machine for more than four years, although its operation was unsatisfactory to the inventor, leading to frequent experiments to Improve the combination and finally to the addition of an element of such value that a patent was applied for, was an abandonment to the public of the invention so far as it was embodied in the combination before the addition of such improvement, and invalidates a claim of the subsequent patent from which the new element is omitted.</p> <p>[Ed. Note. — For other eases, see Patents, Cent. Dig. §§ 93-97; Dec. Dig. § 75.*</p> <p>Abandonment of invention, see note to Hayes-Young Tie Plate Co. v. St. Louis Transit 'Co., 70: C. C. A. 6.]</p> <p>2. Patents (§ 328*) — Peior Use — Upsetting Machine for Plowshares.</p> <p>The Clark patent, No. 734,161, for an upsetting machine for plowshares, claim 1, is void for prior public use for more than two years of the combination claimed therein.</p>