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· 4/20/1885

Western Electric Manufacturing Co. v. Ansonia Brass & Copper Co.

Citations

  • 114 U.S. 447
  • 5 S. Ct. 941
  • 29 L. Ed. 210
  • 1885 U.S. LEXIS 1779

Syllabus

<p>The invention claimed in reissued patent No. 6,954 granted February 29, 1876, to Joseph Olmstead, assignor by mesne assignments to the appellants, was substantially anticipated by the invention described in letters patent in Great Britain granted to the Earl of Gundonald July 22, 1852 ; and also by letters patent granted there to Felix M. Baudouin, April 8, 1857.</p> <p>A claim in a patent for a process does not cover a condition in the material used in the process which is not referred to and described in the specification and claim, within the requirements of Rev. Stat. § 4888.</p> <p>Reissued patent No. 6,954 for a process in insulating telegraph wires being void, it' follows that reissued patent No. 6955 for the product of the process is also void.</p>

Judges: Woods

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