Roberts v. Harnden
U.S. Circuit Court for the District of Massachusetts
Bill in equity [by George C. Roberts against Sylvester Harnden] for tbe alleged' infringement of a patent for an improvement in refrigerators, of which the complainant was the assignee.
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Bill in equity [by George C. Roberts against Sylvester Harnden] for tbe alleged' infringement of a patent for an improvement in refrigerators, of which the complainant was the assignee. The original patent was granted to one D. W. C. Sanford of Cincinnati, November 13,1855 [No. 13,802], and was reissued April 21, 1857 [No.. 455]. Shortly after the reissue, the patentee assigned an undivided half of the patent to one Charles G. Page, who subsequently joined with him in an assignment of the whole interest or the principal part thereof to the complainant. It was charged in the bill that the…
1Opinion of the Court
CLIFFORD, Circuit Justice.
The better opinion is, that the first claim must be construed in connection' with the several explanations which follow it, as those explanations are, to a certain extent, the construction which the patentee put upon the claim, and being a part of the instrument, and immediately connected with the claim, the whole must be construed together. Taken in that point of view, the invention consists in a combination of three elements, all of which are admitted to be old. The claim; therefore, is for the combination, and for nothing more. The elements of the combination are…
2Cited by1 opinion
- Roberts v. RyerSupreme Court of the United States · 1875