Wilbur v. Beecher
U.S. Circuit Court for the District of Northern New York
This was an action on the case [by Erastus Wilbur against Mather Beecher], tried before NELSON, Circuit Justice, for the infringement of letters patent granted to Bichard Montgomery and Lewis W. Harris, of Sangerfield, Oneida county, New York, on the 12th of August, 1840, for an “improvement in the mill for breaking and grinding bark.” The plaintiff was the assignee of the patent for the state of New York.
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This was an action on the case [by Erastus Wilbur against Mather Beecher], tried before NELSON, Circuit Justice, for the infringement of letters patent granted to Bichard Montgomery and Lewis W. Harris, of Sangerfield, Oneida county, New York, on the 12th of August, 1840, for an “improvement in the mill for breaking and grinding bark.” The plaintiff was the assignee of the patent for the state of New York. At the trial, the plaintiff gave in evidence the patent, with the specifications and drawings thereto annexed, from which it appeared that the bark-mill described and claimed in the…
1Opinion of the Court
In charging the jury.
NELSON. Circuit dus-tice,
remarked as follows:
The improvement which has been patented to Montgomery and Harris has been described in the specification which accompanies the patent, and it is necessary for us to look into that, in the first instance, with a view to as*1185certain, as nearly as possible, the thing which has been discovered, and the property in which is secured to the patentees. The law requires that the applicant for a patent shall set forth in his specification a description of his invention, sufficiently full and particular to' enable any intelligent mechanic…
2Cited by3 opinions
- Gibbs v. HoefnerU.S. Circuit Court for the District of Northern New York · 1884
- St. Louis Street Flushing Mach. Co. v. Sanitary Street Flushing Mach. Co.Court of Appeals for the Eighth Circuit · 1910
- Wait v. WaitNew York Supreme Court · 1848