OLIN V. TIMKEN, 155 U. S. 141 (1894)

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U.S. Supreme Court

Olin v. Timken, 155 U.S. 141 (1894)

Olin v. Timken

No. 36

Argued October 12, 15, 1894

Decided November 19, 1894

155 U.S. 141


The fifth claim in reissued letters patent No. 9,542, granted January 25 1881, to Joseph Tilton and Rufus M. Slivers for a spring for vehicles, on the surrender of letters patent No. 157,430, dated December 1, 1874, is an expansion of the invention described in the original patent, and the reissue is thus invalidated.

Letters patent No.197,689, granted November 27, 1877, to Henry Timken for improvement in carriage springs, are void for want of patentable novelty in the invention so patented.

Letters patent No. 239,850, granted April 5, 1881, to Cyrus W. Saladee for an improvement in spring supports for vehicles, wagon seats, etc., relate to a device which was anticipated by another invention made more than two years prior to the application for that patent and reduced to practice prior to that application, and by other inventions named in the opinion of the Court, and are void for want of patentable novelty.

This was a bill in equity, filed by Henry Timken in the Circuit Court of the United States for the Southern District of Ohio against Thomas D. Olin and Edwin D. Olin to restrain the infringement of three letters patent, namely, No. 197,689, granted to Henry Timken, November 27, 1877, for improvement in "carriage springs;" No. 239,850, to C. W. Saladee, April 5, 1881, for "road wagon;" reissue patent No. 9,542,

Page 155 U. S. 142

granted January 25, 1881, being a reissue of patent No. 157,430, to Tilton & Stivers, for improvement in "springs for vehicles," dated December 1, 1874. Complainant charged that these patents were capable of conjoint use with each other, and that defendants infringed them all. The answer set up want of patentability; anticipation; prior public use; noninfringement; that defendants had the right to manufacture the vehicle springs they made, under a patent (No. 246,571) granted to W. H. Stickle, August 30, 1881, reissued to the defendant Thomas D. Olin, August 21, 1883, as reissue No. 10,372, and which patent was owned by the defendants; also, that the Tilton & Stivers' reissue was utterly void, because not issued for the same invention as the original patent, and for inventions not shown or described therein. The circuit court held the patents valid, and that the defendants infringed the single claims of the Timken and Saladee patents, and the third, fourth, and fifth claims of the Tilton & Stivers' patent, and entered a decree enjoining defendants, and referring the cause to a master for an account, which resulted in a final decree for damages to the amount of $27,897.75, and defendants appealed. The opinion will be found in 37 F.2d 5.

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