Wayne Mfg. Co. v. Benbow-Brammer Mfg. Co.

Citations

• 168 F. 271
• 93 C.C.A. 573
• 1909 U.S. App. LEXIS 4452

Syllabus

<p>1. Patents (§ 328*) — Claim 1 or Patent No. 535,465 to Sohroeder fob Means foe Operating Washing Machines Sustained.</p> <p>Claim 1 of letters patent No. 535,465, issued to John Sohroeder, for means for operating- washing machines, March 12, 1895, was not anticipated by figure 373 of Brown’s “507 Mechanical Movements,” nor by British letters patent No. 2,040, February, 1876, nor by letters patent No. 304,549, issued September 2, 1884, to Frank D. Palmer, and it is valid.</p> <p>(Ed. Note. — For other cases, see Patents, Dec. Dig. § 328.*]</p> <p>2. Patents (§ 19*) — In Old Crowded Art Each Inventor Entitled to His Own Improvement.</p> <p>Where an art is old and crowded so that no pioneer patent exists, and many inventors conceive and construct machines, combinations, and improvements therein which accomplish the desideratum with varying degrees of success, each inventor is entitled to his own machine, combination, or improvement, so long as it differs from those of his competitors and does not include theirs.</p> <p>[Ed. Note. — -For other cases, see Patents, Cent. Dig. § 19; Dec. Dig. § 19.*]</p> <p>3. Patents (§ 27*) — Application to New Use when Invention and Patentable — When Not.</p> <p>The application of an old machine, combination, or device, found in an analogous art, without substantial modification, to a new use, is not invention nor patentable, where its applicability would occur to a person of ordinary mechanical skill.</p> <p>But such an application is invention and patentable where its applicability would not be perceived by a person of ordinary mechanical skill, where it is incapable of performing the function requisite to the new use without substantial modification, and where it was not designed by its maker, nor adapted, nor actually used, to perform such a function.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 31, 32; Dec. Dig. § 27.*]</p> <p>4. Patents (§§ 235, 237*) — Infringement — Changes in Form will Not Escape.</p> <p>C