Kirby v. Clements

U.S. Court of Appeals for the D.C. Circuit
Kirby v. Clements, 44 App. D.C. 12 (D.C. Cir. 1915)
1915 U.S. App. LEXIS 2665

Kirby v. Clements

Opinion of the Court

Mr. Justice Robb

delivered the opinion of the Court:

In an interference proceeding wé must give to claims the broadest interpretation which they will reasonably support, and *15we are not at liberty to import limitations therein to meet the exigencies of a particular situation. Miel v. Young, 29 App. D. C. 481; Lindmark v. Hodgkinson, 31 App. D. C. 612. The reasonable presumption is that an inventor intended to protect his invention broadly, and, consequently, the scope of a claim in an interference proceeding should not be restricted beyond the fair and ordinary meaning of the words. The issue here is that of priority under the claims as drawn, and not of priority under other and different claims.

Turning, now, to the claims of the present case, we agree with the Examiner of Interferences that a structure of the character described, provided with registering openings, the outer opening adapted to receive either a cap for closing it or a hose tube extending into the inner opening, answers the requirements of these claims. Such a structure would readily permit the change from one kind of cleaner to another. If the hose tube was intended to be included in the combination, the claim should have been drawn to that end.

It is apparent that appellant’s motion to amend his preliminary statement would have been granted but for the interpretation placed upon the claims, and we are of the opinion that it should have been. His evidence very clearly establishes the fact that, several months prior to the earliest date which may bo given the appellee, he manufactured and sold cleaners answering the requirements of the counts as we have construed them. The decision, therefore, is reversed, and the case returned to the Patent Office for appropriate action. Reversed.

Reference

Full Case Name
KIRBY v. CLEMENTS
Cited By
2 cases
Status
Published
Syllabus
Patents; Interference; Interpretation oe Claims. 1. In an interference the claims will be given the broadest interpretation which they will reasonably support, and limitations will not be imported therein to meet the exigencies of a particular situation. (Citing Miel v. Young, 29 App. D. C. 481, and Lmdmark v. SodgJcinson, 31 App. D. C. 612.) The issue in an interference is that of priority under the claims as drawn, and not of priority under other and different claims. 2. Where the issues in an interference call for a vacuum cleaner, comprising a pump chamber, a suction chamber, having an outlet opening to the pump chamber, a suction nozzle, and an inlet opening, and a removable closure for the inlet opening, the openings adapted to receive a connecting inlet tube, a structure of the character described, provided with registering openings, the outer opening adapted to receive either a cap for closing it or a hose tube extending into the inner opening, answers the requirement of the issue.