Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-Mark and Copyright Cases Volume 210-233 (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.1878 Excerpt: ... understanding the elements of the combination claimed in each one of these claims, and the words " the described bobbin" must be construed not solely with reference to the words in the specification, but with reference also to the limitations in the context of the claims. A careful comparison of the reissued patent in this case with the original fails to show that the reissued patent embraces in its description or claims anything which was not suggested and substantially indicated in the original. Nor is any combination claimed in the claims of the reissue of fewer elements than in the original, where such combination is not clearly described, as the invention of the patentee in his original specification. The upper bushing I is not described in theoriginal patent as an essential element in the combination, but only as a reenforce to strengthen the bobbin, to avoid the danger of breaking or crushing it in the operation of putting it on or taking it off the spindle, and its connection with the other elements which go to make up the combination (either of the elements of the improved bobbin or the combined improved bobbin and the improved spindle) may be regarded rather as an aggregation than a combination, as the re-enforce I has no part in the combined function of those other elements, the combination of which constitutes the invention described alike in the original and the reissue. When in the specification of the original patent the inventor describes a new and useful combination of a number of ingredients, performing in combination certain functions less than he has claimed, he nay in the reissue claim such combination of the less number which he has described, suggested, or substantially indicated as his invention, but failed to include in his claims, ...