Wills v. Scranton Cold Storage & Warehouse Co.

Citations

• 153 F. 181
• 82 C.C.A. 355
• 1907 U.S. App. LEXIS 4402

Syllabus

<p>1. Patents — Invention—ReFkigebatob Building.</p> <p>The Wills reissued patent, No. 12,300 (original No. 742,540), for a refrigerator building the essential feature of which is the use of flaps or other devices for closing the space between the elevator car and the sides of the shaft to prevent the escape of cold air from the refrigerating rooms when the elevator is in use, is manifestly void on its face for lack of invention.</p> <p>2. Same — Suit fob Infbingement — Patent Invalid on its Pace.</p> <p>Where the invalidity of a patent for lack of invention is clear upon its face, the court may so declare it sua sponte, although the question is not raised by the pleadings, and may dismiss a bill for its infringement.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 38, Patents, § 551.]</p>