United Blue-Flame Oil Stove Co. v. Glazier
United Blue-Flame Oil Stove Co. v. Glazier
Opinion of the Court
This is a bill for infringement of three reissue patents, all belonging to complainant below and all being for invention adapted to burn kerosene oil with a blue flame in a cook stove. The court below held that reissue patent No. 11,607 to Otto Ewert, and the reissue of patent to Wm. R. Jeavons, No. 11,601, were void for excessive and useless delay in the applications for such reissue, and also that the original claim, carried into the reissued patents to each were void for anticipation in the three Morrill patents, Nos. 44,548, 55>°33> and 60,224, and that the reissued Blackford patent, No. 11,575, w.as so narrowed and limited as to be at most good for the specific structure claimed and described, and that, so limited, the defendant does not infringe. Upon the opinion of District Judge SWAN, as to the points mentioned, this court affirms the decree of the court below.
Reference
- Full Case Name
- UNITED BLUE-FLAME OIL STOVE CO. v. GLAZIER
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Patents—Reissue—Delay Invalidating. A delay of more than five years, before applying for a reissue on the ground of inadvertence, accident, or mistake, invalidates the reissue, unless excused by special circumstances. 2. Same—Oil Stoves. The Ewert reissue patent No. 11,607 (original No. 361,934), and the Jeavons reissue No. 11,601 (original No. 463,629), each relating to blue-flame oil stoves, are void for excessive,and unexcused delay in applying for such reissues, and also for anticipation of the original patents by one or more of the Morrill patents, Nos. 44,548, 55,033, and 60,224. 8. Same—Ineringement. The Blackford reissue patent No. 11,592 (original No. 518,305), for a vapor burner, claim 9, if it exhibits invention, is limited by the prior art to the specific structure claimed. As so limited, held not infringed.