Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit Volume 10 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 Excerpt: ...machine held not to infringe the first claim of said reissue, construed as claiming the specific arrangement of two frames in the position and mode of operation described in the specification. (Before Woodruff, J., Northern District of New York, December 30th, 1872.) Woodruff, J. 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, 1862, and thereafter, on the 30th of January, 1866, extended for the term of seven years from the expiration of the tirst term, namely, from the 10th Kirby v. The Dodge and Stevenson Manufacturing Company. of February, 1866. The defendants deny that Byron Densmore was the first inventor of the improvement described in the reissued letters patent, and aver that such reissue was fraudulently and illegally granted, and was obtained in order to include, and does include, things not invented by Densmore, and not intended to be patented by him, and that such reissued letters patent are for a different invention from that originally patented, and are invalid and void. They also allege, that the impr&vement described in the reissued patent had, prior to February 10th, 1852, been invented, and was known and used by other persons, who are named in the answer; and that it was described in certain letters patent, also mentioned. They also deny that they have made or sold any machines whatever containing the said alleged invention of the said Densmore, as set forth in the specification, and specified in either of the claims, of said reissued patent, and deny that they have in a...