United Blue-Flame Oil Stove Co. v. Glazier

Citations

• 119 F. 157
• 55 C.C.A. 553
• 1902 U.S. App. LEXIS 4660

Syllabus

<p>1. Patents—Reissue—Delay Invalidating.</p> <p>A delay of more than five years, before applying for a reissue on the ground of inadvertence, accident, or mistake, invalidates the reissue, unless excused by special circumstances.</p> <p>2. Same—Oil Stoves.</p> <p>The Ewert reissue patent No. 11,607 (original No. 361,934), and the Jeavons reissue No. 11,601 (original No. 463,629), each relating to blue-flame oil stoves, are void for excessive,and unexcused delay in applying for such reissues, and also for anticipation of the original patents by one or more of the Morrill patents, Nos. 44,548, 55,033, and 60,224.</p> <p>8. Same—Ineringement.</p> <p>The Blackford reissue patent No. 11,592 (original No. 518,305), for a vapor burner, claim 9, if it exhibits invention, is limited by the prior art to the specific structure claimed. As so limited, held not infringed.</p>