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· 4/11/1907

Thomson-Houston Electric Co. v. McLean

Citations

  • 153 F. 883
  • 82 C.C.A. 629
  • 1907 U.S. App. LEXIS 4475

Syllabus

<p>1. Patents — 1Term—Expiration of Foreign Patent.</p> <p>The rule applied that a patent is not exempted from tlxe operation of Rev. St. § 4887 [U. S. Comp. St. 1901, p. 3382], making it expire with a. prior foreign patent for the same invention, because there may be differenees in detail between the devices of the two patents, unless such' differences affect the essence of the invention in a patentable sense.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 38, Patents, § 188%. See Westinghouse Co. v. Stanley Instrument Co., 138 Fed. 823, 71 C. C. A. 189.]</p> <p>2. Same — Electric Meter.</p> <p>The Thomson patent, No. 448,894, ‘for an electric meter, expired on July 8, 1904, with the British patent for the same invention.</p>

Judges: Aldrich, Hale, Putnam

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