Hailes v. Albany Stove Co.,
123 U.S. 582 (1887)

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U.S. Supreme Court

Hailes v. Albany Stove Co., 123 U.S. 582 (1887)

Hailes v. Albany Stove Company

Argued November 28, 1887

Decided December 12, 1887

123 U.S. 582


Under the patent laws, a disclaimer cannot be used to materially alter the character of the patented invention or to effect such a change in it as calls for further description or specification in order to make it intelligible, but its proper office is in the surrender either of a separate claim or of some distinct and separable matter which can be rescinded without mutilating or changing what is left.

The drawings cannot be used on a disclaimer to show that the patent, as changed by the disclaimer, embraces a different invention from that described in the specification.

Sections 4317 and 4322 of the Revised Statutes are parts of one law, having one general purpose, and both relate to the case in which a patentee, through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, has included in his claims and in his patent inventions to which he is not entitled, and which are clearly distinguishable from those to which he is entitled, the purpose of § 4317 being to authorize him in such case to file a disclaimer of the part to which he is not entitled, and the purpose of § 4322 being to legalize the suits on the patent mentioned in that section, and to the extent to which the patentee can rightfully claim the patented invention.

Bill in equity to restrain alleged infringement of letters patent and for an accounting. The Circuit Court dismissed the bill, from which decree the complainants took this appeal. The case is stated in the opinion of the Court.

Page 123 U. S. 583

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