Malz v. Fox
Malz v. Fox
Opinion of the Court
delivered the opinion of the Court:
These are appeals from a decision of an Assistant Commissioner of Patents in an interference proceeding in which counts 1, 2, and 5 were awarded to William R. Fox, and counts 3 and 4 to Ludwig Malz. Counts 1 and 3, which sufficiently illustrate the two groups, are here reproduced.
“1. A platen attachment for stenciling typewriters, comprising a rotatable platen having a cushion wrapped there around, and a holder for the stencil-blank adjacent said platen and adapted to be moved by the platen when the platen is rotated.”
“3. In an attachment for a typewriting machine having a rotatable cylindrical platen, a movable blank-holder frame adapted to move to or from printing position and an operative connection between the blank-holder frame and the platen for moving the holder to or from said position by the rotation of the platen.”
As will be seen from the above counts, the invention relates to an improved structure for holding a stencil card. This structure is adapted to be attached to an ordinary typewriter having pin-point type.
The Examiners in Chief and the Assistant Commissioner thoroughly reviewed the evidence, and found that Fox conceived, disclosed, and reduced the invention to practice prior to the alleged date of conception of Malz. The evidence fully convinces us of the correctness of this ruling. The Board awarded all the claims to Fox. The Assistant Commissioner, however
The decision will he affirmed as to claims 1, 2, and 5, and reversed as to claims 3 and 4.
Reference
- Full Case Name
- MALZ v. FOX FOX v. MALZ
- Status
- Published
- Syllabus
- Patents; Interference; Construction of Issues; Eight to Make Claim. 1. The requirement of a claim in interference relating to a blank-holder frame for attachment to typewriter platens, that the frame be movable from writing position by the rotation of the platen, is satisfied by a device in which the frame is movable from one position to another by rotation of the platen. 2. A limitation should not be arbitrarily read into a claim in interference, which will deprive a prior inventor of his discovery or thereafter harass him. (Citing Arbetter v. Lems, 34 App. D. C. 491.)