Alden v. Dewey
U.S. Circuit Court for the District of Massachusetts
At law. This was an action for an infringement of a patent right for an improvement in scythe snathes. The original pat-entee was Dexter Peirce, who took out letters patent, March 11th, 1837, (No. 144.) He afterwards assigned his right and interest under these letters patent to several persons, who again assigned to the plaintiffs in the present case.
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At law. This was an action for an infringement of a patent right for an improvement in scythe snathes. The original pat-entee was Dexter Peirce, who took out letters patent, March 11th, 1837, (No. 144.) He afterwards assigned his right and interest under these letters patent to several persons, who again assigned to the plaintiffs in the present case. The special improvement, which formed the subject matter of the present suit, was described in the claim as follows: “What I claim as my own invention and not previously known, and desire tc secure by letters patent, is my constructing the nib…
1Opinion of the Court
STORY, Circuit Justice,
on these facts, submitted to the jury this question: Did Draper communicate to Peirce substantially the improvement, for which he took out his patent, so that, without more inventive power, Peirce could have applied it? It was not enough, that Draper gave a hint; nor, on the other hand, was it necessary, that he should communicate every minute thing about the invention; but he must have communicated the substance. He further instructed the jury, that the original patentee had sworn, that he was the true and first inventor of the improvement, for which he had taken out…
2Cited by2 opinions
- O'Donnell v. HarttCourt of Customs and Patent Appeals · 1935
- Finch v. Van der Veer DillenbachCourt of Customs and Patent Appeals · 1941