The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 214
xiv, 928 p. ; 23 cm.View a full description of this legislative document.
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nNZDAL nRPORBTIL
BROADN X V. TWI CsNTRAL SToox YIan & TRANSIT COMPANY.
(Ci ui (uowrt, D. &wo Jersey. September 28, 1880.)
L REn-IemuU Larnf PATaNT No. 5,925, dated June 23, 1874, for im-
provement in apparatus for rendering lard and tallow and other ani-
mal matter, and for crisping and drying the refuse thereof, held, under
the circumstances of this case, not infringed by the defendant corpo-
ration.
L Bax--INV NTImoN.-The gist of the invention is the apparatus, or com-
bination of parts, and not any particular instrumentally by which it
is put into operation.
B8emowr v. Marsh 20 . 0. 675.
Wheeler v. The C'lipper Mower Co. TId. 442.
L B&a-BAMS-R-IsuT-C.-Ar.-A re-issue is not therefore void which
first claims the instrumentality by which the combination or apparatus
may be used.
& BAME-BSAx-CoNrTvo ON.-An invention need not in fact be con-
structed, in order to preserve a patent, when the patentee is a citizen
of the United States, and the invention is capable of construction and
operation from the model and specifications filed in the patent-office.
Wheeler v. The Olippwr Mda Co., supr.
In Equity.
Amos Broadnax, for complainant.
Leon Abbot, for defendant.
NIxoN, D. J. The bill is filed in this case against the defend-
ant corporation for infringing re-issued letters patent, No.
5,925, dated June 23, 1874, for improvement in apparatus
for rendering lard and tallow and other animal matter, and
for crisping and drying the refuse thereof. The original let-
ters patent, numbered 81,473, were granted to the complain-
ant September 1, 1868. The bill of complaint alleges that
the first claim of the re-issue has been infringed. This claim
is for a stationary tank enclosed in a stationary heating cham-
ber, and fitted with a horizontal rotating stirrer, by which
the material under treatment is thrown over and over while
it is being rendered or dried.
The principal defences insisted upon at the hearing were
-First, that the re-issued patent was void, (a) because the
re -issue embraced more than the original patent; (b) because!14
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/228/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.