Saurer v. Groebli
Saurer v. Groebli
Opinion of the Court
delivered the opinion of the Court:
This appeal is from a decision of the Patent Office in an interference proceeding awarding priority of invention to Joseph A. Groebli, the senior party.
The invention is for improved mechanism for punching jacquard cards, used in automatic embroidering machines, and is defined in eleven counts, which are sufficiently illustrated by count 1, reading as follows:
“1. In a punching machine, measuring mechanism, adapted to measure distances on a pattern, perforating mechanism for perforating a card, a plurality of selecting devices adapted to control the perforating elements to determine the location of the perforations, said selecting devices being adapted to operate alternately upon the same perforating elements, and intermediate mechanism adapted to transfer the motion of the measuring mechanism alternately to the different selecting devices upon different operations of the machine.”
Hippolyt Saurer, a resident of Switzerland, relies for conception, disclosure, and constructive reduction to practice, upon
While we are impressed with the soundness of the view of the Examiner of Interferences and the Assistant Commissioner on the first of the above suggested questions, we think the decision safely may be rested upon the second. Mr. Groebli probably has contributed more to the development of this art than any other inventor, and is very skilled therein, having taken out many patents appertaining thereto. The record demonstrates not only his great ability, but his thoroughness in the matter of detail. It is clearly proved that he conceived and disclosed the invention about February, 1910, when he made what may be termed tentative drawings. In October of the same year, or just prior to the filing of Saurer’s application, he made other drawings or sketches, all of which are in evidence. He was a very busy man, and had no one, according to his uncontradicted testimony on this point, “who could by any possibility” assist him in the preparation and development of this invention. While there is no doubt that the sketches made in October constituted a disclosure of the invention, Mr. Groebli testified that he did
A review of all the evidence convinces us that Mr. Groebli was reasonably diligent, and we therefore affirm the decision.
Affirmed.
Reference
- Full Case Name
- SAURER v. GROEBLI
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Patents; Interference; Diligence. 1. Failure by tbe senior party to an interference, for five months after making disclosure to make drawings for the use of his attorney in preparing an application, does not show such want of diligence as to entitle the junior party to an award of priority, where the invention is of an intricate nature and minute detail is of its essence, and where during that time he made tentative drawings, had no one who could by any possibility assist him in the preparation and development of the invention, and only turned over his papers to his patent attorney when he considered his idea definite enough to form the basis for an application for a patent, and the completed drawings delivered to his attorney show that much time was necessarily spent in perfecting the details of the invention and that such consumption of time was fruitful of results. 2. While the mental attitude of a party to an interference will not generally be considered on the question of diligence, there may be circumstances which will constitute an exception to the rule.