Kirby v. Dodge & Stevenson Manuf'g Co.
U.S. Circuit Court for the District of Northern New York
[Suit brought on letters patent [No. 8,720] for “improvement in grain harvesters,” granted to Byron Densmore, February 10, 1852, assigned to D. M. Osborne and William A. Kirby, and reissued to them January 28, 1862, as No. 1,262, and extended for seven years from February 10, 1866. [The main question in the present case related to the interpretation to be given to the first claim of the reissued patent.
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[Suit brought on letters patent [No. 8,720] for “improvement in grain harvesters,” granted to Byron Densmore, February 10, 1852, assigned to D. M. Osborne and William A. Kirby, and reissued to them January 28, 1862, as No. 1,262, and extended for seven years from February 10, 1866. [The main question in the present case related to the interpretation to be given to the first claim of the reissued patent. The same patent had been before the courts in the case of Kirby v. Whitely [unreported], in the circuit court for the Southern district of Ohio, in 1S66, and in the same case on appeal to the…
1Opinion of the Court
WOODRUFF. Circuit Judge.
The complainants herein complain that the defendants have infringed, and are infringing, their rights, as assignees of a certain patent granted to Byron Densmore, on the 10th of February, 1852, for a new and useful “improvement in grain harvesters,” surrendered and reissued to the complainants January 28th, 1SG2. and thereafter, on the 30th of January. 18GC. extended for the term of seven years from the expiration of the first term, namely, from the 10th of February, *6661SG6. The defendants deny that Byron Densmore was the first inventor of the improvement described in the…
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