Carver v. Braintree Manuf'g Co.
U.S. Circuit Court for the District of Massachusetts
Case [by Eleazer Carver against the Brain-tree Manufacturing Company] for infringement of a patent, dated the 10th of November, 1S39 [and numbered 17], for “a new and useful improvement in the ribs of tbe cotton gin.” Tbe present patent vas a renewed patent, granted upon tbe surrender of tbe original patent [No. 777], dated tbe 12tb of June, 1S3S, wbicb was cancelled on account of a defective specification.
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Case [by Eleazer Carver against the Brain-tree Manufacturing Company] for infringement of a patent, dated the 10th of November, 1S39 [and numbered 17], for “a new and useful improvement in the ribs of tbe cotton gin.” Tbe present patent vas a renewed patent, granted upon tbe surrender of tbe original patent [No. 777], dated tbe 12tb of June, 1S3S, wbicb was cancelled on account of a defective specification. Tbe specification annexed to tbe original patent was as follows: “To all whom it may concern: Be it know that I, Eleazer Carver, of Bridge-water, in tbe county of Plymouth, and state of…
1Opinion of the Court
STORY, Circuit Justice,
upon the close of the arguments, said: So far as the questions of fact are concerned, I shall leave them for the consideration of the jury, if upon the whole evidence the counsel desire it. But the questions of law are those upon which I am ready to express my present opinion, subject to re-examination, if the counsel shall wish any of them to be more deliberately considered. The first objection is. that the specification has not sufficiently described the mode of making the improvement, or in such full, clear, and exact terms as to enable a skilful mechanic, skilled in…
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