Henggi v. Dallmeyer
Opinion of the Court
delivered the opinion of the Court:
The controversy in this case is in respect to which one of the parties originated the device of the issue, called in brief “wing-dies” for making “creep-checks,” which are used to prevent “railroad rails from moving along the tracks in the direction of the length of the rails.” The Acting Examiner of Interferences awarded priority to Lewis O. Henggi. On appeal his decision was reversed by the Examiner^ in Chief, and their action was affirmed by the First Assistant Commissioner. All the transactions referred to herein occurred in 1918. Thomas D. Dallmeyer at the dates given was the secretary and treasurer of the Valley Forging Company, and exercised a general management over the manufacturing operations of the company. Henggi, until a few days previous to the taking of the testimony, was employed by the same company as factory superintendent.
Henggi claims conception and disclosure in June and reduction to practice in September, while Dallmeyer asserts that he conceived the invention October 5, disclosed it October 6, and reduced it to practice October 25.
Dallmeyer is the junior party and therefore has the burden of proof. Hunt v. McCaslin, 10 App. D. C. 527; Smith v. Smith, 31 App. D. C. 518. He testified that his company having received an order for creep-checks, an article which has not been manufactured by it before, a certain method for making them was adopted, but this proved to be too slow and was soon rejected; that on Sunday, October 5, he conceived the invention of the issue, made drawings, only part of which was offered in evidence, the other part — that which covered the main features of the device — having been lost, he said; that on Monday, October 6, he disclosed the invention to McVey, vice-president of his company, and to Henggi; and that immediately after-
Iienggi contends that he conceived the invention in June and made drawings some weeks later, fixing the date by the birth of his younger child;. that some time in August he disclosed the invention to Dallmeyer, who rejected it because, as stated by him, it was too expensive; that Dallmeyer tried two methods for making the creep-checks, but found them unsatisfactory, and then fell back on Ilenggi’s idea. This, according to Iienggi, wras some time in September, when, as he asserts, he made drawings, which have been offered in evidence and embody the issue. He also says that the dies were complete, and were operated, early in October, and that as a reward for his services in inventing them he was given a raise in salary by McVey about November 1. He denies disclosure of the invention by Dallmeyer to him.
Jlenggi’s wife and son testified that he was working on drawTings in June for a tool or die which would bend both ends of a
We have thus given the testimony in outline. A more detailed analysis of it might be made, but we deem it unnecessary in view of the exhaustive opinion of the Acting Examiner of Interferences, whose conclusions we adopt. It is true that the corroborating testimony of neither party concerning conception and disclosure is as complete as it might be, but the position of Dalhneyer in this respect is worse than that of his opponent; and as the burden is on him he cannot prevail over Henggi.
Reference
- Full Case Name
- HENGGI v. DALLMEYER
- Status
- Published
- Syllabus
- Patents; Interference; Evidence; Burden of Proof. 1. In an interference, tlie burden of proof is upon the junior party (citing Hunt v. McCaslin, 10 App. D. C. 527; and Smith v. Smith, 31 App. D. G. 518), and tlie burden is not sustained by his uncorroborated testimony (citing Malcom v. Richards, 47 App. D. 0. 582.) 2. A disclosure of an invention to be sufficient must so describe the invention as to make its nature clear to persons competent to understand it. (Following Hastman v. Houston, 18 App. D. C. 135.)