Re Fleuss

U.S. Court of Appeals for the D.C. Circuit February 2, 1914

Re Fleuss, 41 App. D.C. 520 (D.C. Cir. 1914)

1914 U.S. App. LEXIS 2214

Opinion of the Court

Mr. (Miiei Justice Shepard

delivered the opinion of the Court:

The conclusions of the Patent Office tribunals, we ibinlc, are sound. Among tbe authorities cited in their support in tbe brief for tbe Commissioner, see Smith v. Nichols, 21 Wall. 112, 119, 22 L. ed. 566, 567; Howard v. Detroit Stove Works, 150 U. S. 164, 170, 37 L. ed. 1039, 1041, 14 Sup. Ct. Rep. 68; Re Iwan, 17 App. D. C. 566, 571; Re Welch, 28 App. D. C. 362, 364.

Being fully satisfied with tbe decisions quoted, it is unnecessary to further discuss tbe question.

Tbe decision is affirmed. Tbe clerk will certify this decision to the Commissioner of Patents as the law requires.

Affirmed.

Reference

Full Case Name: RE FLEUSS
Status: Published
Syllabus: Patents; Anticipation; Patentability; Novelty; Structural Detail. 1. Of the two features relied upon as patentably novel, in a claim reciting an appliance for supplying oxygen and air to divers and others, comprising a pluralitj' of gas cylinders, a hollow connection between the said cylinders, a curved neck integral with said connection adapted to lie adjacent to one side of the body of the user of the apparatus, and means at the outer end of said curved neck adapied to control the supply of gas to the said user of the apparatus, — the integral character of the neck was anticipated by Suess, French patent September 7, 1904, and the curved formation was anticipated by the same, and also by Garfortli patent of December 29, 1908. 2. No novelty patentable over a prior patented device which is not otherwise distinguishable, is involved either in curving or in making integral rather than separable the neck recited in a claim of an appliance for supplying oxygen and air to divers and others, comprising a plurality of gas cylinders, a hollow connection between the said cylinders, a curved neck integral with said connection adapted to lie adjacent to one side of the body of the user of the 1 apparatus, and means at the outer end of the said curved neck adapted to control the supply of gas to the said user of the apparatus. (Citing Re hran, 17 App. D. C. 560, and Re Welch, 28 App. D. C. 362.)