Burr v. Duryee
Supreme Court of the United States
Appeal from the Circuit Court for the District of New Jersey. The complainant, Burr, as assignee of a patent granted to Henry A. Wells for “ an improvement in the machinery for making hat-bodies, and in the process of their manufacture,hied a bill in the court below against Duryee and others for infringement.
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Appeal from the Circuit Court for the District of New Jersey. The complainant, Burr, as assignee of a patent granted to Henry A. Wells for “ an improvement in the machinery for making hat-bodies, and in the process of their manufacture,hied a bill in the court below against Duryee and others for infringement. The patent to Wells was granted originally April 25, 1846. It was surrendered in 1856, and reissued in two separate patents; one for the improved meochine, the other for the process. In the spring of 1860 these patents were extended, and afterwards, December 3, of that year, they were…
1Opinion of the CourtJustice Grier
The great question of the case is, whether the Boyden machine infringes the patent originally granted to Wells for his invention; and if not, whether his assignees, by the use or abuse of the right to surrender and reissue their patent, can so expand it as to cover by ex post facto operation, all subsequent inventions.
The original patent to Wells purports to be for “anew and useful improvement in the machine for making hat-bodies.” His specification recites that “it had long been essayed to make hat-bodies by throwing the fibres of wool, &e., by a brush or picker on a perforated cone…
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