Vrooman v. Penhollow

Citations

• 179 F. 296
• 102 C.C.A. 484
• 1910 U.S. App. LEXIS 4638

Syllabus

<p>1. Patents (§ 172*) — Scope—Rank in the Art.</p> <p>Whether an invention be a pioneer, or, being of small importance, is ranked at the foot of the line, the rule is that it shall be judged on its own merits; that is to say, according to the advance it has made in novelty and utility beyond the former art.</p> <p>[Ed. Note. — Eor other cases, see Patents, Cent. Dig. § 247; Dec. Dig. § 172.*]</p> <p>2. Patents (§ 178*) — Infringement—Substitution of Equivalents.</p> <p>The statutory requirement that an applicant for a patent shall explain the best mode in which he has contemplated applying the principle of his invention (Rev. St. § 4888 [U. S. Comp. St. 1901, p. 3383]), does not preclude him from claiming any other mode which embodies his principle.</p> <p>[Ed. Note. — For other cases, see Patents, Gent. Dig. § 254%; Dec. Dig. § 178.*]</p> <p>8. Patents (§ 168*) — Construction and Scope — Limitation by Proceedings in Patent Office.</p> <p>It is of the essence of the rule whereby an inventor is estopped from claiming to the full of his invention as disclosed by bis specification and claims in consequence of bis concessions to meet the requirements of the Patent Office, -and so obtain his patent, that the requirements which were ■conceded by him should concern the matter upon which the estoppel is raised, and whether the examiner states his objection, or contents himself with a reference, the estoppel does not extend to a matter not stated in the objection or disclosed by the reference.</p> <p>[Eid. Note. — For other cases, see Patents, Cent. Dig. §§ 243%, 244; Dec. Dig. § 168.*]</p> <p>4. Patents (§ 178*) — Construction and Scope — Equivalent Forms of Device.</p> <p>Where a claim of a patent contains a description of only one form of a thing which would perform the same office in other forms, the court will apply the general rule that the description covers all equivalent forms, and the form described will be treated only as the one preferred.</p> <p>[Ed. Note. — Fo