Court : US Supreme Court
..... persons invent the same invention at about the same time, and employ the same solicitor, who in good faith assigns the priority of invention to the wrong person, and makes claims and takes out patents for each on that theory, limiting the claim of the real inventor to a narrower claim, not within the claim of the other inventor, and both acquiesce in this decision for a period of ..... . the transcript of the record in that suit is in evidence in this, and shows that it was made to appear, in the effort to fix the dates of the inventions described in the three patents of david, of campbell, and of hartshorn, that campbell made his invention on the first of may, 1867, while hartshorn was not able to fix the date of his invention as earlier than ..... drawn down, the spring in the roller was wound up, and when the curtain was released, while the pawl rested on the perimeter of the ratchet wheel, the curtain would roll up, and continue so to do as long as the velocity of the curtain was sufficient to carry the notches in the ratchet past the pawl before it could fall into ..... down the spring was wound up, and when the tension upon the curtain was released, and the curtain allowed to roll up, the spring was unwound, thereby producing the desired result. ..... the pawl was disengaged from the ratchet, and the curtain immediately rolled up, under the action of the spring. ..... follows: the inventions in question are in that class of shade rollers which are rolled up by the unwinding of a coiled spring. .....
Tag this Judgment!Court : US Supreme Court
..... failure of moyer or anybody else to assert an adverse claim, those proceedings are matters of public record, and as in this case they must constitute the main reliance of those claiming under the sierra nevada patent for the superiority of their title, this record should have been produced on the trial of the case, and that the mere opinion of the register and receiver of the land office as to what those ..... , and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the commissioner of the general land office and a patent shall issue thereon for the claim or such portion thereof as the applicant shall appear from the decision of the courts to rightly possess. ..... pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the commissioner of the general land office, and a patent shall issue thereon for the claim or such portion thereof as applicant shall appear, from the decision of the court, to rightly possess ..... of the claim, with the proper fees, and file the certificate and description by the surveyor general, whereupon the register shall certify the proceedings and judgment rolls to the commissioner of the general land office as in the preceding case, and patents shall issue to the several parties according to their respective rights. .....
Tag this Judgment!Court : US Supreme Court
..... in the description of the operation of the machine as we have just given it, there is no provision other than gravity for causing the free end of the film, when it is cut from the roll, to sink into the developing fluid, and the other end of it is held between the clamps, above the surface of the fluid, as it is drawn along from one tank to another. ..... of the rack m, carrying the clamps n, in one direction only outwardly and progressively away from the camera -- until the movement is completed and the film is released, and that the reciprocating movement referred to in the patent is the return of the mechanism for clamping and carrying the film to its initial position for the purpose of repeating the operation. ..... the application of these requirements of the law to our conclusion that the only form of construction of the machine and the only method of operation of it which are disclosed in the patent would not produce a sufficiently uniform and rapid development of the film to render it useful must result in the approval of the judgment of the court of claims that the patent is invalid and void for the reason that it fails to disclose a practical and useful invention. ..... it is very clear that no such operation can be derived from the disclosure in the patent, and we agree with the further finding of the court of claims that, in order to permit "this new oscillating mode of operation evolved by the claimant," material changes would be required in the construction of the machine from that .....
Tag this Judgment!Court : US Supreme Court
..... the thirteenth section was intended to remedy this evil, by permitting the patentee to surrender his defective patent, and have it renewed in proper form, " whenever it shall be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification as his own invention more than he had a right to claim as new ..... in his application for these reissues, stating that he was the assignee of wells, set forth, as the ground for the application, "that the aforesaid patent is not fully available to him as assignee; that said error has arisen from inadvertence, accident, or mistake. ..... machine had been put in operation at the defendant's factory, where the complainant was invited to inspect, and saw it, the complainant, who now owned the reissues of 1856 of the original wells patent, again surrendered them for a defective specification, and obtained two new reissues, to-wit the issues no. ..... at once struck the mind of this observer that the application of this principle or law of nature might be beneficially made to the casting of rolls by merely introducing the metal at the bottom of the mold at a tangent. ..... of the machinery is old; the roll itself is no part of the ..... in casting iron rolls, the metal required to have this rotary motion for ..... the court said: "we find the invention consists solely in the angular direction given to the tube through which the metal is conducted into the cylinder in which the roll is cast. .....
Tag this Judgment!Court : US Supreme Court
..... fifty cents per acre, together with all costs of proceedings, and where a vein or lode such as is described in section twenty three hundred and twenty is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode ..... the original location, with the right of exclusive possession, and conveys title to the tract covered by the location, together with all veins, lodes, and ledges which have their apexes therein, whereas the patent to the placer claim, while confirming the original location and conveying title to the placer ground, does not necessarily convey the title to all veins, lodes, and ledges within its area. ..... ' why file this, or anything further, if the judgment roll settles all questions as to title and right to patent? ..... the usual result following a favorable judgment in a court under section 2326 of the revised statutes is , i doubt not, the issue of patent in due time, but in such case, the final passing of title is not on the judgment of the court, independent of that of the commissioner, but is on the judgment of the latter pursuant to that of the former, and on certain evidence supplemental to that furnished by the judgment roll. .....
Tag this Judgment!Court : US Supreme Court
..... , now conceded, were established by the commission to the five civilized tribes, and the secretary of the interior, upon recommendation of the commission, removed alberson's name from the rolls, held the certificates for cancellation, and allotted the land to others. ..... 107 , the power to remove alberson's name from the rolls had, because of 2 of act april 26, 1906, expired before the ..... supreme court entered judgment for the relator, commanding issue and record of the patent, but making no order in respect to restoring alberson's name to the rolls. ..... a petition for a writ of mandamus brought in the supreme court of the district of columbia to compel the secretary of the interior to restore the name of nicholas alberson, deceased, to the rolls under the choctaw-chickasaw agreement of july 1, 1902 (32 stat. ..... passes the equitable title only; the legal title remains in the united states until conveyed by patent, duly recorded, as provided by 5 of the act of april 26, 1906, c. ..... 641), and to execute and record a patent for land described in an allotment certificate issued in his name by the ..... removing alberson's name from the rolls was made january 11, 1908. ..... the legal title can be conveyed only by a patent duly recorded. ..... until issue of the patent, united states v. ..... where the relator, purchaser in good faith and without notice of a fraudulent indian allotment, sought to get in the legal title as against the united states by compelling the secretary of the interior to issue and record a patent. .....
Tag this Judgment!Court : US Supreme Court
..... , he alleged that he was the original, sole, and first inventor of an improvement in machines for coiling wire or wire rods; that on june 26, 1886, he filed in the united states patent office an application in due form for a patent; that on september 4, 1886, the commissioner of patents declared an interference between his application and one filed by the defendant on june 24, 1886; that thereafter testimony was taken on such interference, and a decision rendered on march 22, 1889, adversely to ..... stated by the examiner: "in a device for coiling wire or wire rods, the combination with a rotating coiling receptacle or reel for receiving and laying in coils the rod as it is delivered from the rolls of a spider or platform for supporting the coil mounted on a vertical shaft concentric with the reel supporting shaft, and means for elevating the platform shaft independently of the other. ..... his testimony as to this was in these words: "he explained by rough sketches an arrangement he had for coiling the wire after it was delivered from the rolls, which was a round box mounted on an upright shaft, and in the bottom of the box was a plate, perhaps i should say a movable plate, which could be lifted for the purpose of raising the ..... of the mill, as the finished wire came from the rolls, it was coiled on reels. ..... attention directed to the way in which the wire was coiled on the reels, and thought that some device could be invented for picking up the wire immediately after its leaving the rolls. .....
Tag this Judgment!Court : US Supreme Court
..... worth of labor shall be performed or improvements made by the tenth day of june, eighteen hundred and seventy-four, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim, and upon a failure to comply with these conditions, the claim or mine upon ..... required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the commissioner of the general land office, and a patent shall issue thereon for the claim or such portion thereof as the applicant shall appear from the decision of the court to rightly possess. ..... party who, by that judgment, is shown to be "entitled to the possession of the claim, or any portion thereof" may present a certified copy of the judgment roll to the proper land officers and obtain a patent "for the claim, or such portion thereof as the applicant shall appear from the decision of the court to rightfully possess. ..... pay for his portion of the claim, with the proper fees, and file the certificate and description by the surveyor general, whereupon the register shall certify the proceedings and judgment roll to the commissioner of the general land office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. .....
Tag this Judgment!Court : US Supreme Court
..... chief justice taney observed: "whoever discovers that a certain useful result will be produced in any art, machine, manufacture, or composition of matter by the use of certain means is entitled to a patent for it, provided he specifies the means he uses in a manner so full and exact that anyone skilled in the science to which it appertains can, by using the means he specifies, without any addition to or ..... however, that a fabric substantially the same in construction, and possessing virtually the same properties, had been previously known and used, and that the superiority of the fabric patented was due solely to improved machinery, or to greater mechanical skill in the formation of the fabric, by which an excellence in degree was obtained, but not one ..... the case went off upon other questions, but, in delivering his opinion, lord campbell thought the patent should be taken as extending to all machines, of whatever construction, whereby the air was heated intermediately between the ..... importance, as the air would have to be heated in a receptacle of some form before it was introduced into the furnace, and therefore, if the patentee was not entitled to his patent as one for a process, he was clearly entitled to it as one for the only method of heating the air which was practicable, his patent not claiming any particular form of receptacle or any particular material of which it should be made. ..... the patent was for a new and useful machine for rolling puddler's balls and other masses of .....
Tag this Judgment!Court : US Supreme Court
..... of limitations for mining claims of the state or territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter in the absence of any adverse claim, but nothing in this chapter shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property ..... judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the register of the land office, together with the certificate of the surveyor general that the requisite amount of labor has been expended or improvements made thereon, and the description required ..... other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the commissioner of the general land office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, page 198 u. s. ..... of the claim, with the proper fees, and file the certificate and description by the surveyor general, whereon the register shall certify the proceedings and judgment roll to the commissioner of the general land office, as in the preceding case, patents shall issue to the several parties according to their respective rights. .....
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