Horace Gray

Name: Gage v. Herring — Opinion of the Court
Author: Horace Gray

Summary

“Gage v. Herring — Opinion of the Court”, is a work by Horace Gray. It explores elements such as spout, patent and elevator.

Quotes from Gage v. Herring — Opinion of the Court (Horace Gray)

Horace Gray, Gage v. Herring — Opinion of the Court

“ Our law requires the patentee to specify particularly what he claims to be new, and if he claims a combination of certain elements or parts, we cannot declare that any one of these elements is immaterial. The patentee makes them all material by the restricted form of his claim. We can only decide whether any part omitted by an alleged infringer is supplied by some other device or instrumentality which is its equivalent.'
The defendants' mill contains no conveyor shaft in the dust room, and no mechanism which performs the same function of removing the meal there collected. ”

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Source: Wikisource

Horace Gray, Gage v. Herring — Opinion of the Court

“ Under the provisions of the patent act, whenever through inadvertence, accident, or mistake, and without any willful default or intent to defraud or mislead the public, a patentee in his specification has claimed more than that of which he was the original and first inventor or discoverer, his patent is valid for all that part which is truly and justly his own, provided the same is a material and substantial part of the thing patented, and definitely distinguishable from the parts claimed without right ”

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Source: Wikisource

Horace Gray, Gage v. Herring — Opinion of the Court

“ If the defendants have infringed the second or old claim, the plaintiffs, upon filing a disclaimer of the new one, are entitled to a decree, without costs, for the infringement of the old and valid claim. Considering that the question of the validity of the new claim in the reissue is a question of law upon the face of the patent, and that its validity has been sanctioned by the commissioner of patents in granting the reissue, and upheld by the circuit court, there has been no unreasonable delay in entering a disclaimer ”

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Source: Wikisource

Horace Gray, Gage v. Herring — Opinion of the Court

“ But the fan, with its communicating spout and meal chest, the dust room, the two conveyors, and the elevator, tend to one result, the cooling and drying of the meal, without waste or loss, 'on its passage from the grinding stones to the bolts;' 'the whole,' as stated at the beginning of the specification, 'forming a simple and economical device;' and the single claim in the original patent is for the arrangement and combination of the seven elements, designating them all with equal distinctness by appropriate letters. ”

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Source: Wikisource

Horace Gray, Gage v. Herring — Opinion of the Court

“ The only devices, indeed, which take part in cooling and drying the meal are the meal chest at the bottom of the mill with the rotating shaft in it, the spout by which that chest communicates with the fan, and the fan itself. The other chest or dust room at the top of the mill collects and saves the lighter part of the meal thrown upwards by the fan. The rotating shafts in each chest convey all the meal, after it has been cooled, dried, and collected, to the elevator, and the elevator takes it to the bolts. ”

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Source: Wikisource

Horace Gray, Gage v. Herring — Opinion of the Court

“ It is plausibly suggested that 'the claim could be made perfect in form, and consistent with the description of all that portion of the apparatus which relates to the invention, by simply striking out the letter of designation for the upper chest, J, and the letter of designation for the conveyor shaft of that chest, K.' But that the inventor did not and does not intend so to amend his claim is conclusively shown by his having repeated the same claim, including these very letters of designation, in the second claim of the reissued patent. ”

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Source: Wikisource

Horace Gray, Gage v. Herring — Opinion of the Court

“ To uphold such a claim, made so late, would be to disregard the principles governing reissued patents, stated upon great consideration by this court at the last term in the case of Miller v. Brass Co. ”

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Source: Wikisource

Horace Gray, Gage v. Herring — Opinion of the Court

“ When the grinding friction evolves only a moderate degree of heat, the chest, J, and its apparatus may be dispensed with, for, the blast being moderated to correspond, so small a quantity of the fine flour will be drawn through the spout, I, that such flour may be ejected on the mill floor, and be disposed of in any convenient way so as to enter the bolts. ”

Horace Gray

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