Noah Haynes Swayne

“ The construction of the patent, as indicating only the use of fat liquor in dressing leather, whether hot or cold, alone or with other ingredients, as the alleged invention of the patentee, has already been shown to be the true one. ”

“ The defendant then modified his request, by substituting 'used before the plaintiff's invention' for 'before the plaintiff applied for a patent,' and thereupon the court charged,
'That the application of an old invention or an old machine to produce a new result, because it is applied to a different material, is not an invention, and the question of novelty is to be determined in the same way. ”

“ But the judge refused to instruct the jury that the patent was void for want of utility, if they believed this evidence, except with a modification, which really left the construction of the specification in the patent to the jury.
We insist (under the third and fourth requests) that the specification in the patent either required the liquor to be applied at or near boiling-heat, or else utterly failed to specify at what heat it should be applied, and that for this reason the patent was void in respect to the application of heat. [8]
5th request. ”

“ The word 'desirable' applies to the use of the fat liquor, whether alone or in the compound, and refers to the degree of heat and not to the fact of heating. The patentee does not mean to say that it is not essential or necessary to heat the fat liquor, but that it is not essential to heat it up to or near the boiling-point. ”

“ The request erroneously assumes that a knowledge by others of the thing patented, more than two years before application for the patent, renders it void. If a prayer for instruction be not correct in its very terms, it is not error to refuse it. The charge to the jury covered the ground of this request, and embraced all the defendant below had a right to ask upon the point involved. ”

“ Porter was proper also, for while it is true that the mere purpose or effect of a process is not patentable, it is equally true that the effect or result produced is always proper to be considered when a patent is on trial. Indeed, it is often most important in determining the questions of novelty and utility. ”

“ Upon this reissue Russell sued Klein as an infringer. His allegation was that bark-tanned leather before his treatment of it was harsh, 'squeaky,' and unsuitable for gloves; but that by his process, which, as he alleged, included heating the fat liquor, the 'squeak' was removed, and the leather rendered soft, pliable, and suitable for a fine glove; that the treatment costing little greatly enhanced the value of the leather, and furnished a cheaper material for gloves than any other of the same quality and value. ”

“ Klein v. Russell
ERROR to the Circuit Court for the Northern District of New York; in which court one Russell, a glover, of Gloversville, New York, brought suit against Klein, glover in the same place, for an infringement of a patent. The plaintiff got a verdict; the defendant having in the course of the trial taken various exceptions, on which the case was now here. ”

“ III and IV. These exceptions are sufficiently answered by what was said by the Circuit Court as to the second prayer.
V. This instruction was properly modified. The state of the evidence hardly justified the judge in giving any instruction upon the subject to which it related. ”