United States Supreme Court Cases & Opinions

U.S. Supreme Court

Krementz v. S. Cottle Company, 148 U.S. 556 (1893)

Krementz v. The S. Cottle Company

No. 161

Argued and submitted March 23, 1893

Decided April 10, 1893

148 U.S. 556

Syllabus

Letters patent No. 298,303, issued May 6, 1884, to George Krementz for a new and improved collar button, protect a patentable invention, which was not anticipated by the invention described in letters patent No. 171,882,

Page 148 U. S. 557

issued to Robert Stokes January 4, 1876, nor by the invention described in letters patent No. 177,253, issued May 9, 1876, to John Keats.

When the other facts in the case leave the question of invention in doubt, the fact that the device has gone into general use, and has displaced other devices which had previously been employed for analogous uses, is sufficient to turn the scale in favor of invention.

In equity to restrain the infringement of letters patent. Decree dismissing the bill, from which plaintiff appealed. The case is stated in the opinion.