Steward v. American Lava Co.
215 U.S. 161 (1909)

Annotate this Case

U.S. Supreme Court

Steward v. American Lava Co., 215 U.S. 161 (1909)

Steward v. American Lava Company

No. 27, 28

Argued November 10, 11, 1909

Decided November 29, 1909

215 U.S. 161

Syllabus

A patent cannot be sustained when the theory and method are introduced for the first time in unverified amended specifications.

The patent for a tip for acetylene gas burners, and for the process of burning acetylene gas, held to be void by the court below and by this Court because the tip was not new, the description too indefinite, the amended specification, which were unverified, brought in new matter and the claim for processes so called were only claims for the functions of the described tip.

155 F. 731 and 155 F. 740 affirmed.

The facts are stated in the opinion.

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