Westinghouse Electric & Mfg. Co. v. Stanley Electric Mfg. Co.

Citations

• 115 F. 810
• 1902 U.S. App. LEXIS 4972

Syllabus

<p>1. Patents — Reissues—Mistake Authorizing.</p> <p>A mistake as to the meaning of a disclaimer limiting the scope of a patent, which is deliberately made to meet a requirement of the patent office, and which does meet such requirement, and thereby avoids an interference, is not a mistake or inadvertence, within the meaning of Rev. St. § 4916, which may be corrected by a reissue with such disclaimer omitted.</p> <p>2. Same — Review by Courts.</p> <p>The courts have power to review the action of the commissioner of patents in granting a reissue on the ground of inadvertence, accident, or mistake, where there is manifest error upon the record.</p> <p>8. Same — Validity.</p> <p>The Gaulard & Gibbs reissued patent No. 11,886 (original No. 351,589) for a system of electrical distribution is void because not authorized by the statute governing reissues.</p>