DAY V. FAIR HAVEN & WESTVILLE RY. CO., 132 U. S. 98 (1889)

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U.S. Supreme Court

Day v. Fair Haven & Westville Ry. Co., 132 U.S. 98 (1889)

Day v. Fair Haven and Westville Railway Company

No. 35

Argued October 23-24, 1889

Decided November 11, 1889

132 U.S. 98


The fourth claim in the reissued letters patent No. 8388, granted August 27, 1878, to Augustus Day for an improvement in track clearers, viz., "The combination with the draw bar C and scraper A of the diagonal brace E, as and for the purpose set forth," would naturally suggest itself to any mechanic, and involves no patentable novelty.

A claim in letters patent must be held to define what the Patent Office has determined to be the patentee's invention, and is not to be enlarged in construction beyond the fair interpretation of its terms.

In equity for the infringement of letters patent. Decree dismissing the bill. Complainant appealed. The case is stated in the opinion.

Page 132 U. S. 99

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