Jackson v. Allen
Massachusetts Supreme Judicial Court
Contract upon the following indenture, dated March 23, 1869, and signed by the plaintiffs and the defendant: “ Whereas certain letters patent of the United States, bearing date the 5th day of December, 1854, were issued to A. H. Allen, of Boston in the county of Suffolk and State of Massachusetts, for improvements in chairs foi theatres, school-houses and dwelling houses, which said letters patent were afterwards surrendered, and new and reissued letters patent for the same…
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Contract upon the following indenture, dated March 23, 1869, and signed by the plaintiffs and the defendant: “ Whereas certain letters patent of the United States, bearing date the 5th day of December, 1854, were issued to A. H. Allen, of Boston in the county of Suffolk and State of Massachusetts, for improvements in chairs foi theatres, school-houses and dwelling houses, which said letters patent were afterwards surrendered, and new and reissued letters patent for the same invention granted to the said Aaron H. Allen on the 15th day of January, 1861, which reissued letters patent were…
1Opinion of the CourtGray, C. J.
The questions of law presented in this case may be conveniently considered in a somewhat different order from that in which they, arose at the trial and are stated in the bill of exceptions.
1. The extent of the invention claimed by the defendant in ais patent must be determined by the specification of the patent .tself. It is a question of construction, which in the case of letters patent, as of all other written contracts, is a question for the court. If any part of the invention thus claimed is not new, the patent may be invalid as claiming too much. Minter v. Mower, 1 Nev. & P. 595 ; S. C.…
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