New York Scaffolding Co. v. Chain Belt Co.,
254 U.S. 32 (1920)

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U.S. Supreme Court

New York Scaffolding Co. v. Chain Belt Co., 254 U.S. 32 (1920)

New York Scaffolding Company v. Chain Belt Company

No. 23

Argued October 7, 8, 1920

Decided November 8, 1920

254 U.S. 32


Patent No. 959,008, Claims 1 and 3, to Elias H. Henderson, for improvements in scaffold supporting means, exhibits no invention over the prior art. Pp. 254 U. S. 34 et seq. New York Scaffolding Co. v. Liebel-Binney Construction Co., ante, 254 U. S. 24.

The fact that a change in a composite instrumentality was readily made may be evidence that the change was the result of mere mechanical facility, as opposed to invention. P. 254 U. S. 36.

Advantages found in a patented device may count in favor of the patentee though he did not discern them when he secured his patent; but if the device is only an alteration of an earlier patented device,

Page 254 U. S. 33

involving no invention, they redound to the benefit of the earlier patentee though he also was unaware of them and did not attribute them to his invention. P. 254 U. S. 37.

245 F. 747 reversed.

The case is stated in the opinion.

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