Bean v. Smallwood
U.S. Circuit Court for the District of Massachusetts
Case [by Samuel Bean against Thomas .Smallwood] for infringement of a patent [No. 1,531, granted to S. Bean, and] dated 30th of March, 1840, for “a new and useful improvement in the rocking chair.”
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Case [by Samuel Bean against Thomas .Smallwood] for infringement of a patent [No. 1,531, granted to S. Bean, and] dated 30th of March, 1840, for “a new and useful improvement in the rocking chair.” The specification annexed to the patent stated as follows: “The principal feature of this invention and improvement consists in making the seat and stool of the chair in two parts, so that whilst the stool remains stationary, the seat is made to rock on the top of it; thus doing away with the long and cumbersome rockers on the common chair, which occupy a great deal of room, and are very…
1Opinion of the Court
STORY, Circuit Justice.
It seems to me, that, upon the evidence admitted by the parties, the plaintiff has no case. His patent is not (as the plaintiff admits) for a new combination of old materials, or for a new rocking-chair, framed in a manner unknown before. If it were, it seems admitted by the plaintiff, that,' upon the evidence, it would not be maintainable. It would seem open to one of two objections; (1) That the defendant does not use precisely the same combination; but a modification thereof; that is to-say, although he uses the two first specifications of the claim in the patent, he…
2Cited by8 opinions
- Frederick R. Stearns & Co. v. RussellCourt of Appeals for the Sixth Circuit · 1898
- Busell Trimmer Co. v. StevensSupreme Court of the United States · 1890
- Worswick Manuf'g Co. v. City of KansasU.S. Circuit Court for the District of Western Missouri · 1889
- Gottfried v. Crescent Brewing Co.U.S. Circuit Court for the District of Indiana · 1881
- In re BlandyDistrict of Columbia Court of Appeals · 1858
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