Barber v. Seymour
Barber v. Seymour
Opinion of the Court
delivered the opinion of the Court:
This is an appeal from a. decision of the Commission of Patents awarding priority of invention to the appellee, Ralph C. Seymour,'upon the ground that the appellant, Howard M. Barber, has no right to make the claims of the issue, which read as follows:
“1. A sheet handling machine including ii. combinatiol means for associating a plurality of sheets, means for feeding the associated sheets to a registering device, means for cutting a sheet and superimposing the parts together, and means for feeding said superimposed parts to said registering device whereby said associated sheets and said superimposed parts of the severed sheet are registered with respect to each other by said registering device.
" “2. A sheet handling machine infcNHrng in combination means for associating a plurality of sheets, means for cutting another sheet in two and superimposing the cut parts, means for directing said associated sheets into a pathway, whereby they become associated together, and a stop in said pathway for registering said sheets relatively to each other."
The subject-matter of the invention relates to machines for making magazines, including a mechanism for combining with the main part or body of the magazine an insert sheet or sheets. The counts of the interference originated in the Seymour appli
After a very careful examination of the record and briefs of
Reference
- Full Case Name
- BARBER v. SEYMOUR
- Status
- Published
- Syllabus
- Patents; I-\\'tekfekexce ; Right to Make Claims. In an interference proceeding in which the invention involved related to a sheet handling machine for making magazines, including a, mechanism for combining with the main, part or body of the magazine an insert sheet or sheets, an award by the Commissioner of priority to one of the parties on the ground that the other had no right to make the claims of the issue was affirmed, where it appeared that the counts of the issue originated in the other party’s application; that tlie latter’s device included means for cutting the sheets one at a time and superimposing the parts thereof, in which process there is a substantial advantage, while in the former’s machine the sheets were cut two at a time, and there was no suggestion in his application of a mechanism by which it would be possible to cut sheets one at a time and superimpose the parts thereof.