Reedy v. Scott
Supreme Court of the United States
Appeal from the Circuit Court for the Southern District of Ohio. The Patent Act of 1870, thus enacts: “ Section 53. Whenever a patent is inoperative or invalid by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new: if the error has arisen by inadvertence ... the commissioner shall on the surrender of such patent, . . . cause a new patent for the same invention,…
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Appeal from the Circuit Court for the Southern District of Ohio. The Patent Act of 1870, thus enacts: “ Section 53. Whenever a patent is inoperative or invalid by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new: if the error has arisen by inadvertence ... the commissioner shall on the surrender of such patent, . . . cause a new patent for the same invention, and in accordance with the corrected specification, to be issued to the patentee . . . for the unexpired part of the…
1Opinion of the CourtJustice Clifford
The following assignment of errors is the assignment made:
1st. That the Circuit Court erred in holding that the plea of the respondent was true and sufficient with respect to the matters alleged in the supplemental bill.
2d. That the said court erred in finding that the equity of the case with respect to the matters set forth in the supplemental bill is with the respondent.
In the case before us all necessity for any discussion of the charges contained in the original bill of complaint is superseded, as the assignment of errors does not impugn in that respect or call in question the correctness…
2Cases cited2 opinions
- Prouty and Mears v. RUGGLESSupreme Court of the United States · 1842
- Moffitt v. GarrSupreme Court of the United States · 1862
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- Luminous Unit Co. v. Freeman-Sweet Co.Court of Appeals for the Seventh Circuit · 1924
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