Hastings Mfg. Co. v. Gray

RAYMOND, District Judge.

This matter is before the court on defendant’s motion to dismiss. The substantial ground of the motion is that it appears upon the face of the patent that the patentee has included in his claims an old .element, namely, an expander spring which presses the piston ring elements outward and increases the unit pressure, while admitting that this spring is a non-essential and that there is no new co-action or cooperation between the elements of the claims relied upon. Segregated portions of the specification may justify such conclusions. However, other portions of the…