ROEMER V. PEDDIE, 132 U. S. 313 (1889)

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U.S. Supreme Court

Roemer v. Peddie, 132 U.S. 313 (1889)

Roemer v. Peddie

Nos. 120, 121, 132, 133

Argued November 18-19, 1889

Decided December 9, 1889

132 U.S. 313


The claim of letters patent No. 195,233, granted to William Roemer, September 18, 1877, for an improvement in a combined lock and handle for traveling bags, namely, "The lock case made with the notched sides a a, near its ends to receive and hold the handle rings B, substantially as herein shown and described," having been inserted by amendment,

"after his application for a broader claim was rejected, and after he had amended his specification by stating that he dispensed with an extended bottom plate, cannot be so construed as to cover a construction which has an extended bottom plate."

When a patentee, on the rejection of his application, inserts in his specification in consequence limitations and restrictions for the purpose of obtaining his patent, he cannot, after he has obtained it, claim that it shall be construed as it would have been construed if such limitations and restrictions were not contained in it.

In equity for the infringement of letters patent. The case is stated in the opinion.

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