Carew v. Boston Elastic Fabric Co.
U.S. Circuit Court for the District of Massachusetts
On the 29th of August, 1S54, letters-patent [No. 11,G0S] were granted to Daniel Hayward. since deceased, for certain new and useful improvements in the manufacture and in the process of manufacturing vulcanized rubber, for the term of fourteen years, and on the 2Stli of August. 1SG8. the letters-patent were extended in the name of [Caleb Swan] the executor of the patentee for the further term of seven years from the expiration of the original term of the letters-patent.
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On the 29th of August, 1S54, letters-patent [No. 11,G0S] were granted to Daniel Hayward. since deceased, for certain new and useful improvements in the manufacture and in the process of manufacturing vulcanized rubber, for the term of fourteen years, and on the 2Stli of August. 1SG8. the letters-patent were extended in the name of [Caleb Swan] the executor of the patentee for the further term of seven years from the expiration of the original term of the letters-patent. Subsequently to the extension of the patent, —to wit, on the lDtli of December in the same year, — the executor of the…
1Opinion of the Court
CLIFFORD [Circuit Justice].
Authority to accept the surrender of an original patent in certain cases where the specification is defective or insufficient, and to grant a new patent to the inventor of the improvement, is conferred upon the commissioner of patents, and where he accepts the surrender and grants a new patent, his decision in the premises, in a suit for infringement, is final and conclusive, unless it is apparent upon the face or the reissued patent, as matter of legal construction, that it is not for the same invention as that secured in the original letters-patent. 5 Stat. 122;…
2Cases cited15 opinions
- Heald v. RiceSupreme Court of the United States · 1882
- Powder Co. v. Powder WorksSupreme Court of the United States · 1878
- Ex Parte KarstendickSupreme Court of the United States · 1876
- Manufacturing Co. v. LaddSupreme Court of the United States · 1880
- Mathews v. MacHine Co.Supreme Court of the United States · 1882
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3Cited by2 opinions
- Whitcomb v. Spring Valley Coal Co.U.S. Circuit Court for the Northern District of Illnois · 1891
- Baltz v. BottoDistrict Court, W.D. Tennessee · 1956