Adams v. Bellaire Stamping Co.

delivered the opinion of the court.

This is an action to recover damages for the alleged infringement of a patent for 'an improvement in lanterns, granted to

Previous to 'the invention claimed, lanterns were in use constructed in a similar manner to the one upon which the'alleged improvement is made. They had a like metallic bottom and top, a glass globe and a guard formed of upright wires attached to rings at the top and bottom — the guard, bottom and top, forming together something like a basket, into which the lamp with a glass chimney was placed, the glass protecting the ñame from the wind and the wire guard protecting the glass from injury by collision. The lantern was carried by means of a swinging bail, connected with the guard or the top.' The lamp, placed inside of the globe, rested on the bottom of the lantern, which was so connected with the lower ring of the guard that it could be detached and removed when the lamp was to be trimmed or filled, or the chimney to be cleaned. The top of the lantern also aided in securing the globe in place.

To a lantern of this kind Irwin added- his alleged improvement. In his patent he states that what he claimed was “ securing a removable lantern top to the upper part of the guard, substantially as therein specified and described.” And in his specification he says that the invention “ consists in attaching the metallic top of the lantern in which the top of the glass globe or protector enters, and by which it is held in place by a hinge, to the upper part of the wire guard surrounding the globe, and securing it at the side opposite said hinge by a removable : fastening or spring-catch, so that by detaching said catch from the said upper part of the lantern guard the top of the lantern may be thrown back, opening upon the aforesaid hinge, thus enabling the globe to be removed, or for any other purpose.”

The terms “removable fastening” or.“spring-catch,” as observed by counsel, cover every conceivable device applicable to lanterns and adapted to connect one edge of the lid with

The plaintiff in his declaration alleges that this invention was of great utility and was extensively introduced into public use and generally acquiesced in. The defendant in his general and special pleas alleged; first, that the supposed invention of Irwin did not, in view of the state of the art, require the exercise of the inventive faculty, but only mechanical skill and good judgment; second, that it was not for a patentable combination of parts, but only for an aggregation of old and well-known parts, each of which performed only its old and well-known function unchanged by the combination; third, that at the time Irwin filed his application there was pending in the Patent Office another application for the same invention in the name of one Duburn, upon which application a patent was afterwards issued; and, fourth, that the said supposed invention had been patented, or described in printed publications or patents, prior thereto.

On the trial special questions were submitted to the jury, and they found, that the Irwin patent disclosed no improvement wffiich required invention as distinguished from mere mechanical skill or judgment; thát the invention claimed had been patented or described in previous publications; that Irwin was not the original or first inventor or discoverer of any material or substantial part of the thing patented; and that the defendant had not infringed the alleged patent. Judgment was accordingly entered for the defendant in the action.

The court did not, therefore, err in refusing the instruction requested, that before the patent could be held invalid by reason of a prior patent it was not sufficient to find one of the elements in one patent, a second in another and a third in another. If the patent were for a combination of new or old elements producing a new result such instruction might have been correct, but as it was merely a new aggregation of old elements, in which each element performed its old function and no new result was produced by their combination, the instruction was not applicable and was properly refused.

Nor, under the circumstances, did the court err in declining to instruct the jury that the fact that the Irwin lantern had practically superseded all others was strong evidence of its novelty. The question before the court upon the main issue was not of the novelty of the invention, but rather of its patentable character; Where there is no invention the extent of the use is not a matter of moment.

We think that ail the important questions of fact in the case were properly submitted to the jury.

The judgment is, therefore,

Affirmed.