Reports of Patent Cases (Volume 2); Decided in the Circuit Courts of the United States Since January 1, 1874

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1882 Excerpt: ... Northrup v. Adams. $1026; and this sum, being deducted from the amount found by the master, to wit, $2672.41, leaves $1646.41, for which the decree should be entered. Edward L. Dobbins, for the complainants. Runyon & Leonard, for the defendants. Frank Northrup Et Al. vs. Samuel Adams. In Equ1ty. The law applicable to design patents does not materially differ from that applicable to mechanical patents. The same general principles of construction extend to both. To entitle a party to the benefit of the act protecting an invention, either for a design or a mechanical device, there must be originality and the exercise of the inventive faculty. In the one there must be novelty and utility, and in the other originality and beauty; mere mechanical skill is insufficient. The adaptation of old devices or forms to new purposes, however convenient, 1seful or beautiful they may be in their new role, is not invention. The principle of aggregation is as applicable to designs as it is to mechanical inventions. If.iu a design patent, the effect produced be simply the aggregation of familiar designs, it will not be patentable. (Before Brown, J., Eastern District of Michigan, March, 1877.) This suit was brought for the alleged infringement of a design patent for a provision or cheese-safe. The invention described in the patent was a rectangular base, with a top supported by four corner-posts, with an intermediate stile or support, dividing each side into vertical panels, all of which were covered with wire-cloth of fine mesh. The front side was made to open as a door, which was single, but folded upon itself, the two parts being hinged together at the centre stile. Around the base is an Notthrup v. Adams. ogee moulding, and a similar one was run around the top to serve as a c..