Rulings of the U. S. Supreme Court in Recent Patent Cases of the American Tri-Ergon Corporation

Bibliographic Reference(s)

• 1 Wilson's Cyclopaedic Photography , published by Edward L. Wilson , New York , 1894 ; Encyclopaedic Dictionary of Photography, by Woodbury, published by Scovill & Adams Co., New York, 1896; Konig, published by Dawbarn & Ward, Ltd., London, 1906; Cassell's Cyclopaedia of Photography, by Jones, published by Cassell & Company, Ltd., 1912. (The references, with quoted portions of the texts, were made a part of the record by stipulation.) The publication last mentioned states that “combination printing had its origin in 1855, when Berwick and Annan, of Glasgow, exhibited a picture printed from two different negatives—a figure and a landscape”; numerous later examples of the practice are given. EXTERNAL
• 2 The addition of the flywheel to the steam engine, in 1758, was said to be “a very important addition to the engine and, though sufficiently obvious, it is ingenious and requires considerable skill and address to make it effective.” Robison, Mechanical Philosophy , Vol. 2 , p. 105 , 1822 . EXTERNAL
• 3 The disclaimer and re-issue statutes were adopted to avoid the rule that if one claim is invalid the whole patent is void. Moody v. Fiske, 2 Mason 112, 118; see Ensten v. Simon, Ascher & Co., 282 U. S. 445, 452; Hailes v. Albany Stove Co., 123 U. S. 582, 589. The use of the disclaimer has been upheld where the elimination from the patent of the matter not relied upon did not operate to enlarge the monopoly of the patent, but narrowed it, as by eliminating in their entirety some of the claims of the patent, Sessions v. Romadka, 145 U. S. 29, 40; see Union Metallic Cartridge Co. v. United States Cartridge Co., 112 U. S. 624, 642, or by striking out an alternative method or device, Dunbar v. Myers, 94 U. S. 187, 192, 194; Hurlburt v. Schillinger, 130 U. S. 456; Carson v. American Smelting & Refining Co., 4 F. (2d) 463, 469, 470 (C. C. A. 9th), or by limitation of a claim or specification by deletion of unnecessary parts, Carnegie Steel Co. v. Cambria Iron Co., 185 U. S. 403, 435, 436; Marconi Wireless Telegraph Co. v. DeForest Radio Telephone & Telegraph Co., 243 Fed. 560, 565 (C. C. A. 2nd), or by limiting the claim to a specific type of the general class to which it was applied, Minerals Separation, Ltd., v. Butte & Superior Mining Co., 250 U. S. 336, 354; United Chromium, Inc., v. International Silver Co., 60 F. (2d) 913, 914 (C. C. A. 2nd); Seiberling v. Thropp's Sons Co., 284 Fed. 746, 756, 757 (C. C. A. 3rd). EXTERNAL
• 4 Albany Steam Trap Co. v. Worthington, 79 Fed. 966, 969 (C. C. A. 2d); Strause Gas Iron Co. v. Wm. H. Crane Co., 235 Fed. 126, 129, 130 (C. C. A. 2d); Graselli Chemical Co. v. National Aniline & Chemical Co., 26 F. (2d) 305, 310 (C. C. A. 2d); Hudson Motor Car Co. v. American Plug Co., 41 F. (2d) 672, 673 (C. C. A. 6th); Corn Products Refining Co. v. Pennick & Ford, Ltd., 63 F. (2d) 26, 30, 31 (C. C. A. 7th); General Motors Corp. v. Rubsam Corp., 65 F. (2d) 217, 222 (C. C. A. 6th); Consumers Tobacco Co. v. American Tobacco Co., 66 F. (2d) 926, 927 (C. C. A. 3rd); Fruehauf Trailer Co. v. Highway Trailer Co., 67 F. (2d) 558, 559, 560 (C. C. A. 6th); White v. Gleason Mfg. Co., 17 Fed. 159, 160 (C. C.); Cerealine Mfg. Co. v. Bates, 77 Fed. 883, 884 (C. C.); Westinghouse Air Brake Co. v. New York Air Brake Co., 139 Fed. 265, 267–270 (C. C). EXTERNAL