Morey v. Lockwood
Supreme Court of the United States
Appeal from the Circuit Court for the District of Massachusetts. Lockwood, assignee of the inventors, filed a bill in the court just named to restrain Morey and others from infringing letters patent granted to Charles H. and Herman E. Davidson, on the 31st of March, 1857, for a new and useful improved syringe; and which were surrendered and reissued on the 25th day of April, 1865, with an amended specification.
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Appeal from the Circuit Court for the District of Massachusetts. Lockwood, assignee of the inventors, filed a bill in the court just named to restrain Morey and others from infringing letters patent granted to Charles H. and Herman E. Davidson, on the 31st of March, 1857, for a new and useful improved syringe; and which were surrendered and reissued on the 25th day of April, 1865, with an amended specification. The dit hsam below presents a sectional view of the instrument; now'commonly called The Davidson Syringe. Prior to the date, when,'by the inventions ^f Goodyear, India-rubber had…
1Opinion of the CourtJustice Nelson
Several objections are taken to this reissued patent; among others, and which is the most material, that the claim is broader than the invention.
The 13th section of the act of 1836 authorizes a surrender, and an amended specification, when the patent issued is inoperative, or invalid, by reason of a defective or insufficient description or specification; or, “if the error has, or shall have arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention.” We do not doubt that the commissioner had full authority to grant the *241amendment; and, under the special,…
2Cited by1 opinion
- Morey v. LockwoodSupreme Court of the United States · 1869