Bennet v. Fowler
Supreme Court of the United States
Appeal from the Circuit Court for the Northern District of Illinois. Fowler filed a bill in that court to enjoin Bennet and others from infringing two reissued patents, No. 1870 and 1869,* for improvements in hay elevators, issued February 14th, 1865. The improvements had been embraced in one, in the original patent.
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Appeal from the Circuit Court for the Northern District of Illinois. Fowler filed a bill in that court to enjoin Bennet and others from infringing two reissued patents, No. 1870 and 1869,* for improvements in hay elevators, issued February 14th, 1865. The improvements had been embraced in one, in the original patent. An analysis of the complainant, Fowler’s, claims presented them thus’: No. 1870. First Claim : In the construction of elevators for hay, the combination of the permanent pyramidal supporting frame, and the revolving cross-bar, and its braces, with a central supporting piece for…
1Opinion of the CourtJustice Nelson
An objection has' been taken by counsel for the defendants that the court erred in affirming the validity of the two patents, Nos. 1869, 1870.
It may be, that if the improvements set forth in both specifications had been incorporated into one patent, the patentee taking care to protect himself as to all his improvements by proper and several claims, it would have been sufficient. It is difficult, perhaps impossible, to lay down any general rule by which to determine when a given invention or improvements shall be embraced in one, two, or more patents. Some discretion must necessarily be left…
2Cited by19 opinions
- Webster Electric Co. v. Splitdorf Electrical Co.Supreme Court of the United States · 1924
- United States Ex Rel. Steinmetz v. AllenSupreme Court of the United States · 1904
- Application of ColemanCourt of Customs and Patent Appeals · 1951
- Kalo Inoculant Co. v. Funk Bros. Seed Co.Court of Appeals for the Seventh Circuit · 1947
- Wilkins Shoe-Button Fastener Co. v. WebbU.S. Circuit Court for the District of Northern Ohio · 1898
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