Wollensak v. Sargent
151 U.S. 221 (1894)

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U.S. Supreme Court

Wollensak v. Sargent, 151 U.S. 221 (1894)

Wollensak v. Sargent

No. 150

Argued December 7, 1893

Decided January 8, 1894

151 U.S. 221

Syllabus

Reissued letters patent No. 9307, granted July 20, 1880, to John F. Wollensak for new and useful improvements in transom lifters and locks, on the surrender of the original letters patent No. 136,801, dated Mart 11, 1873, are void for want of patentable novelty in the invention described and claimed in them.

Reissued letters patent No. 10,264, granted December 26, 1882, to John F. Wollensak for a new and useful improvement in transom lifters, on the surrender of the original letters patent, dated March 10, 1874, are void as to the claims sued on, by reason of laches in the application for a reissue.

The fact that the patentee followed the advice of his solicitor in delaying to apply for the reissue within due time does not justify the delay.

This was a consolidated bill in equity founded on two reissued patents granted to appellant for improvement in transom lifters, as follows: No. 9,307, July 20, 1880 (original patent No. 136,801, March 11, 1873) and No. 10,264, December 26, 1882 (original patent No. 148,538, March 10, 1874). Appellee was charged with the infringement of the third claim of the reissued patent No. 9,307 and the third, fourth, fifth, sixth, and ninth claims of reissue No. 10,264.

Page 151 U. S. 222

The circuit court, on pleadings and proofs, held reissue No. 9,307 invalid for want of patentable novelty, and, on demurrer, reissue No. 10,264 void as to the claims relied on, for laches apparent on the record, and not sufficiently explained by the allegations of the bill.

The opinion of Judge Shipman on motion for preliminary injunction is reported in 33 F. 840, and that on final hearing in 41 F. 53.

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