Winans v. Boston & P. R. Co.
U.S. Circuit Court for the District of Massachusetts
Case for infringement of a patent dated the 30th of July, 1831, for “a new and useful improvement of railway and other wheeled carriages.” Plea, the general issue with special matters of defence; (1) That the invention was not new. (2) That the invention was in public use before the patent, with the consent of the patentee.
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Case for infringement of a patent dated the 30th of July, 1831, for “a new and useful improvement of railway and other wheeled carriages.” Plea, the general issue with special matters of defence; (1) That the invention was not new. (2) That the invention was in public use before the patent, with the consent of the patentee. The specification annexed to the patent was in substance as follows: “To all whom it may concern, be it known, that I, Ross Winans, have invented an improvement 'in the construction of the axles, or bearings, of railway, or other wheeled carriages, and that the following…
1Opinion of the Court
STORY, Circuit Justice.
I fear that it is impossible to give this limited interpretation to the plaintiff’s patent; The patent itself is for “a new and useful improvement of railway, and other wheeled carriages;” and the specification expressly states, that the pat-entee has invented “an improvement in the construction of the axles, or bearings, of rail-way, or other wheeled carriages,” and then he proceeds to.give a description thereof. It is plain from this language that he does not limit his invention to rail-way carriages; but he insists, that it is new as to other carriages. It is true,…
2Cited by3 opinions
- In re BlandyDistrict of Columbia Court of Appeals · 1858
- Winans v. DenmeadSupreme Court of the United States · 1854
- Winans v. DenmeadSupreme Court of the United States · 1854