Thompson v. Boisselier

Citations

• 114 U.S. 1
• 5 S. Ct. 1042
• 29 L. Ed. 76
• 1885 U.S. LEXIS 1731

Syllabus

<p>The third claim of reissued letters patent No. 978, granted to William S. Carr, June 12, 1860, for “ improvements in water-closets,”’(the original patent having been granted to him August-5,1856, and,.as reissued, extended July 23,1870, for seven years from August 5, 1870,) namely, “In a valve for’’, water-closets, a cup-leather for controlling the motion of said valve in elos- . ing gradually, substantially as specified; said cup-leather moving freely in one direction, and closing against the containing cylinder in. the other direction', and the leakage of water in said cylinder allowing the movement of said cup-leather, as set forth,’’-construed, and the operation of the device explained.</p> <p>The state of the art, as to prior devices, and the construction and operation of • the defendants’ device, set forth.</p> <p>In view of the state of the art : Held, That, for the purpose of securing the free passage of water in one-direction, and preventing its escape in the other, direction otherwise than gradually, the defendants, had used nothing which they did not have a right to use, and had not appropriated any patentable,, invention which Carr had a right to cover, as against the defendants’ structure,, by the third claim of his reissue.</p> <p>All that Carr did, if anything, was to add his form of orifice to the valve and cup-leather of an existing pump-plunger.</p> <p>The third claim of the Carr reissue involves, as an element in it, the means of leakage set forth.</p> <p>The only point of invention, if it could be dignified by that name, was the special means of leakage shown by Carr, but which the defendants did not usa</p> <p>To be patentable, a thing must not only be new and useful, but must amount to an invention or discovery.</p> <p>Beeent decisions of this court On the subject of what constitutes a patentable invention cited and applied.</p> <p>Under them, claim three of the Carr reissue must, in view of the state of the art, either be held not to involv