Washburne v. Consolidated Safety Pin Co.

Citations

• 197 F. 552
• 1912 U.S. Dist. LEXIS 1452

Syllabus

<p>1. Patents (§ 37*) — Anticipation—Prior Patent Including Same Device.</p> <p>A device wliich is an essential part of an invention previously patented cannot be made the subject of a separate patent.'</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 41-44; Dec. Dig. § 37.*]</p> <p>2. Patents (§ 328*) — Anticipation—Cupp Fastener.</p> <p>The Washburne patent, No. 517,084, for a cuff fastener, is void for anticipation by patent' No. 500,640 to the same patentee for a collar fastener, which is essentially a duplication of the device of the later patent to adapt it to a somewhat different use. Claims 1 and 2, if conceded valid, must be narrowly construed in view of broader rejected claims, and of the prior art, and, as so construed, held not infringed.</p> <p>3. Patents (§ 165*) — Construction—Lettered Claims.</p> <p>Letters used in the claims of a patent in describing the device as a general rule are restrictive, and, when the advance in the art is slight and the field of invention limited, will confine the inventor to what he has definitely shown and claimed.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. § 241; Dec. Dig. § 165.*]</p> <p>4. Patents (§ 328*) — Infringement—Clasp.</p> <p>The Washburne patent, No. 553,972, for a clasp or fastener, narrowly construed as required by the prior art, held not infringed.</p>