Milcor Steel Co. v. George A. Fuller Co.

This is a suit brought in the District Court for infringement of two claims of a patent issued to one Holdsworth and assigned to the petitioner. One defense pleaded by the respondents was that Holdsworth was not the original inventor. When a patentee, “through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention . . . has claimed more than that of which he was the original ..or first inventor .... ,” Rev. Stat. § 4917, 35 IJ. S. C. § 65, preserves for him or his as signee “all that part which is truly and justly his own, provided the same is a material or…