McDowell v. Ideal Concrete Mach. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by the Ideal Concrete Machinery Company against Willis H. McDowell. Decree for complainant, and defendant appeals. Reissue patent No. 12,578, December 18, 1906, to Borst and Groscop, owned by appellee, was hold by the Circuit Court to be valid and infringed.
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Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by the Ideal Concrete Machinery Company against Willis H. McDowell. Decree for complainant, and defendant appeals. Reissue patent No. 12,578, December 18, 1906, to Borst and Groscop, owned by appellee, was hold by the Circuit Court to be valid and infringed. The original patent No. 735,938, August 11, 1908, reads as follows, drawings omitted: “Our present invention relates to improvements in machines for manufacturing hollow concrete building-blocks. “The principal object of bur invention is. to…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). In General Electric Co. v. Richmond St. Ry. Co., 178 Fed. 84, 102 C. C. A. 138, this court said:
*820“Without the existence of one or the other of two conditions precedent, the Commissioner of Patents is not authorized to grant a reissue. Either the original specification must be defective or insufficient, or the original claims must embrace more than the patentee had a right to claim as new. But neither condition is available unless the error arose from inadvertence, accident, or mistake, and without any fraudulent or deceptive intention.” ___, .
In the present…
2Cases cited9 opinions
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- Russell v. DodgeSupreme Court of the United States · 1877
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