Burke v. Partridge
Supreme Court of New Hampshire
Assumpsit, on a promissory note. R. & H. having obtained a patent for an “ improvement in threshing machines,” assigned to S. a part of their interest therein, including “ the motive power as secured to us in the third claim of said letters patent.” Subsequently H. assigned to S. all his remaining interest in the same improvement, and “ also the said improvement in driving gearing, when applied to the driving of threshing machines, sawing machines, * * * ” &c.
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Assumpsit, on a promissory note. R. & H. having obtained a patent for an “ improvement in threshing machines,” assigned to S. a part of their interest therein, including “ the motive power as secured to us in the third claim of said letters patent.” Subsequently H. assigned to S. all his remaining interest in the same improvement, and “ also the said improvement in driving gearing, when applied to the driving of threshing machines, sawing machines, * * * ” &c. S. sold and transferred to the plaintiff, by a verbal assignment, “ Sullivan county, in this state, of the said invention.” After this…
1Opinion of the CourtFoster, J.
The nature and scope of a patented invention are to be ascertained not merely from the title given to it in the patent, but from the entire instrument, including the schedule and specification, and all explanatory drawings annexed thereto. All these are to bo construed together, in order to ascertain the real subject-matter of the invention. Hogg v. Emerson, 6 How. 437; S. C., 11 How. 587; Sickles v. Gloucester Manf. Co., 1 Fish. Pat. Cas. 222; Bell v. Daniels, ib. 372; Locomotive Co. v. Erie Railway Co., 10 Blatch. 292; Barrett v. Hall, 1 Mason 447; Curtis on Patents, s. 221; U. S. Rev. St.,…
2Cases cited32 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Winans v. DenmeadSupreme Court of the United States · 1854
- Burr v. DuryeeSupreme Court of the United States · 1864
- Roberts v. RyerSupreme Court of the United States · 1875
- Bloomer v. McQuewanSupreme Court of the United States · 1853
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