Manhattan Book Casing Mach. Co. v. E. C. Fuller Co.
Court of Appeals for the Second Circuit
This cause comes here upon appeal from a decree of the District Court, Southern District of New York, dismissing a bill for infringement of patent. The patent is No. 603,406, issued May 3, 1898, to Jackson McClellan for a bookbinding machine. It deals with that part of the process which covers the sides of a book, stitched and assembled, with glue and then places the cover of the book upon the sides after they are glued.
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This cause comes here upon appeal from a decree of the District Court, Southern District of New York, dismissing a bill for infringement of patent. The patent is No. 603,406, issued May 3, 1898, to Jackson McClellan for a bookbinding machine. It deals with that part of the process which covers the sides of a book, stitched and assembled, with glue and then places the cover of the book upon the sides after they are glued. The District Court held the patent void because its disclosures did not teach those practicing the art how to make an operable machine.
1Opinion of the Court
EACOMBE, Circuit Judge.
[1] Undoubtedly a patented device is not to be held inoperable because slavish adherence tp the drawings develops obstacles. Such drawings are often diagrammatic, and rarely, we fancy, drawn to a scale. So, too, there are some difficulties which a court can see for itself may be remedied by the exercise of mere common sense. Thus, if a wheel which is to make a quarter revolution by the pull of a ratchet on teeth, is drawn with 17 teeth, it is manifest that an ordinary shopman would substitute 16 or 20 teeth. So, too, when necessary further movement in some direction is…
2Cited by9 opinions
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- Bullard Co. v. CoeCourt of Appeals for the D.C. Circuit · 1945
- General Steel Products Company v. LorenzDistrict Court, S.D. Florida · 1962
- Bragg-Kliesrath Corporation v. FarrellCourt of Appeals for the Second Circuit · 1929
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