Summary

Portrait of William R. Day William R. Day Cimiotti Unhairing Company v. American Fur Refining Company…

In determining the construction to be given to the claim in suit, which is alleged to be infringed, it is necessary to have in mind the nature of this patent, its character as a pioneer invention or otherwise, and the state of the art at the time when the invention was made. It is well settled that a greater degree of liberality and a wider range of equivalents are permitted where the patent is of a pioneer character than when the invention is simply an improvement, may be the last and successful step, in the art theretofore partially developed by other inventors in the same field.
Source: Wikisource

Portrait of William R. Day William R. Day Cimiotti Unhairing Company v. American Fur Refining Company…

Due weight is given to the Sutton patent when it is given credit for dispensing with the plate which Covert had in addition to the brush, and which he supposed would carry down the fur away from the cutting mechanism, but which Sutton has accomplished in giving, in a measure, at least, this added function to the brush of not only parting the fur, but carrying it down and away in preparation for the clipping by the knives. Any one who accomplishes the same purpose by substantially the same mechanism, using the elements claimed in Sutton's patent, may be held to be an infringer.
Source: Wikisource

Portrait of William R. Day William R. Day Cimiotti Unhairing Company v. American Fur Refining Company…

The operation of the alleged infringing machine is such that when the power is applied for moving the stretcher bar, it is carried forward to the revolving brush, and after the brush has separated the fur from the hair, carried upwardly, to be acted upon by the cutting knives. The reciprocating motion of the stretcher bar from the brush to the knives is produced by the action of the crank (operating with the cam) on the main shaft, as shown in the photograph. At the same time the mechanism for feeding the machine is in operation, actuated by the same application of power.
Source: Wikisource

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