The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 366
xiv, 992 p. ; 23 cm.View a full description of this legislative document.
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256 FEDERAL REPORTER
BIRD v. ELABORATED ROOFING CO. OF BUFFALO, Inc., et al.
(Circuit Court of Appeals, Second Circuit. January 15, 1910.)
No. 151.
1. PATENTS =112(3)-VALIDITY-E'ECT OF INTERFERENCE PROCEEDINGS.
The effect of Patent Office proceedings in interference is to settle on
the record there made the question of priority between the parties, as-
suming that the claimed inventions are identical, but they do not finally
establish that either party has made a patentable invention.
2. PATENTS *:328-IDENTITY OF CLAIMED INVENTIONS-PREPARED ROOFING.
The Bird patent, No. 1,181,827, and the Becker patent, No. 1,024,550, for
prepared roofing held identical as to the invention claimed.
3. PATENTS 0=106(1)-SECoND PATENT FOR SAME INVENTION-INTERFERENCE
PROCEEDINGS.
Under Rev. St. 5 4904 (Comp. St. 5 9449) which expressly provides for
declaring interference with an existing patent, priority of invention may
be adjudged in the adverse party, and a patent issued to him.
4. PATENTS 0=328-VALIDITY AND INFRINGEMENT-PREPABED ROOFING.
The Bird patent, No. 1,181,827, for a prepared roofing, held valid and
infringed.
5. PATENTS 328---VALIDITY AND INFRINGEMENT-PREPARED ROOFING.
The Bird patent, No. 1,036,427, for prepared roofing, held valid, but not
infringed.
6. PATENTS 0Jl165--CONSTRUCTION-BROAD CLAIMS.
A broad claim does not extend invention, and if a patentee discloses
one means, a statement that he does not confine himself thereto will not
justify a claim covering all means.
Appeal from the District Court of the United States for the West-
ern District of New York.
Suit in equity by Charles S. Bird against the Elaborated Roofing
Company of Buffalo, Incorporated, the Elaborated Ready Roofing
Company, and Mathias B. Becker. Decree for complainant, and de-
fendants appeal. Modified and affirmed.
The following is the opinion of Hazel, District Judge, in the court
below :
"This is a suit in equity for infringement of two letters patent, No. 1,036,427,
issued August 20, 1912, on application filed August 9, 1911, and No. 1,181,827,
issued May 2, 1916, on application filed August 21, 1911. The two appli-
cations which were awaiting action by the Patent Office at the same time, re-
late generally to roofing paper-a chemically saturated waterproof paper de-
signed to look like tiles, or slate or wood shingles, when laid on the roof of a
building. Plaintiff's second patent was not issued earlier, owing to an inter-
ference with the Mathias B. Becker patent, No. 1,024,550, previously allowed,
under which the defendants herein are manufacturing and selling their roofing
material (Complainant's Exhibits 6 and 7 in evidence), and which is alleged
to infringe both patents in suit.
"Building paper, having applied thereto an asphaltic material for making it
waterproof and treated with fine mineral substances for protecting the sur-
face, was not a new idea at the date of the invention, but was fairly well
known and frequently used in the building of dwelling houses. Plaintiff's
second patent deals generally with prepared roofing, known to the art, con-
*g=For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/380/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.