Warner v. Goodyear

Citations

• 1 MacA. Pat. Cas. 60

Syllabus

<p>Interference — question is whether applicant is entitled to a patent.— Iu an interference between an applicant and a patentee, the question is whether the applicant is the first inventor; for if he is not, it is immaterial to the cause who is.</p> <p>Invention — combination of old devices — new result. — When a certain particular combination of old instruments or devices produces a new and useful effect in the art — as the combination for the first time in a machin.e for making corrugated or shirred India-rubber goods of calenders, rollers, endless apron, and a stitching frame — that combination becomes the lawful subject of a patent.</p> <p>Inadmissible testimony may be stipulated in,- subject to credibility.— Testimony otherwise inadmissible may be admitted upon stipulation, but the interest of the witnesses in the matter in controversy may still go to their credit and have its duo. weight.</p> <p>Original inventor — -presumption in favor of one who made the machine —rebutted by circumstances- — estoppel.—The prima-facie evidence of inventorship, arising out of .the fact that the machine in controversy was made by one of the parties to the interference, is rebutted by evidence showing that such party was at the time in the employ of the other party as a machinist, and that he made the machine at his employer’s request and for his benefit, and made no claim to the invention until long after-wards, but, on the contrary, stood by and saw his employer apply for' and obtain a patent without objection.</p> <p>Sm — Sm.—Under such circumstances, the presumption is that the machine was made according to the directions of the party beneficially interested, and in pursuance of his invention.</p>