Benners v. Richards
Benners v. Richards
Opinion of the Court
delivered the opinion of the Court:
This is an interference case relating to an improvement in car bolsters, the issue of which is: “A bolster having a lower member which is channeled in cross section, the inner face of said lower member having substantially the form of an inverted arch.”
Appellant Edwin H. Benners, the senior party, filed November 28, 1908, and patent issued to him January 11, 1910; Richards filed March 19, 1910. Benners has an earlier patent for a car bolster which was assigned to the Crown Castings Company of which he is the president. That bolster, the Gould Coupler Company, which is the assignee of Willard E. Richards, invention in controversy, had manufactured under a contract with the Crown Castings Company. Richards was then and is now mechanical superintendent of the Gould Company. The invention of the improvement in the present invention over the prior art as illustrated by the former patent to Benners, and one to Green, is a narrow one, and the question between the rival claimants is primarily one of originality. It has been found by the tribunals of the office that Richards conceived the improvement in September, 1908. And it is shown beyond question or doubt that he made a drawing of the same, a blue print of which was sent to and received by Benners on or before November 4, 1908. This drawing shows every feature of the Benners patent involved in the interference, and is substantially similar to the patent drawing which was filed with his application therefore, November 28, 1908. Benners testified that he had disclosed the invention to Richards prior to Richards’ alleged conception. This the latter positively denied. No other witness testified to the communication, and there was no correspondence relating to it. to it.
The case turned in the office upon the question whether certain drawings made by Benners in the summer of 1906 disclosed the invention of the issue. Richards admitted that those
Reference
- Full Case Name
- BENNERS v. RICHARDS
- Status
- Published
- Syllabus
- Patents; Interference; Priority. The conclusion of the tribunals of the Patent Office, in an interference proceeding^ that certain drawings, by which it is claimed the senior party disclosed the invention prior to its conception by the junior party, did not disclose the features of the invention of the issue which distinguished the same patentably from the prior art, will not be disturbed unless error is apparent.