Gill v. Wells
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New York. Mrs. Eliza Wells, administratrix of Henry A. Wells, sued Gill at law for infringement of letters-patent for an improvement in machinery for making hat-bodies.
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Error to the Circuit Court for the Southern District of New York. Mrs. Eliza Wells, administratrix of Henry A. Wells, sued Gill at law for infringement of letters-patent for an improvement in machinery for making hat-bodies. Original letters-patent had been granted to the said Henry, April 25th, 1846. The patent was reissued in 1856, in two parts, No. 896 and No. 400, to an assignee of Wells, and was extended by the Commissioner of Patents, April 17th, 1860; and again reissued in December, 1860, to the assignee of Wells, in No. 1086 and No. 1087. No. 1086 was again reissued to Burr, June…
1Opinion of the CourtJustice Clifford
Valid letters-patent may be granted for an invention which consists entirely in a new combination of old ingredients, provided it appears that the new combination of the ingredients produces a new and useful result; but the rule is equally well settled, in such a case, that the invention consists merely in the new combination of the ingredients, and that a suit for an infringement cannot be maintained against a party who constructs or uses a substantially different combination, even though it includes the exact same ingredients. Alterations, ho.wever, in a combination, which are merely…
2Cases cited2 opinions
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