Phillips v. Page
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65 U.S. 164 (1860)
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U.S. Supreme Court
Phillips v. Page, 65 U.S. 24 How. 164 164 (1860)
Phillips v. Page
65 U.S. (24 How.) 164
In a patent taken out by Page for certain improvements in the construction of the portable circular saw mill, he claimed the manner of affixing and guiding the circular saw by allowing end play to its shaft, in combination with the means of guiding it the saw by friction rollers, embracing it near its periphery, so as to leave its center entirely unchecked laterally.
An instruction by the court below that the claim was as stated above, but adding "in a saw mill capable of being applied to the sawing of ordinary logs," was erroneous.
Although the improvements of the patentee may have enabled the machine to be applied to the purpose of sawing logs, when before it was applied only to the purpose of sawing light materials such as shingles and blinds for windows, yet there is nothing in the patent to distinguish the new parts of the machine from the old or to state those parts which he had invented so as to enable the machine to saw logs.
The patent law does not require the defendant to give notice of the time when any person may have possessed the knowledge or use of the invention in question, but only of the name of the person and of his place of residence, and the place where it has been used.
An instruction of the court below making the time material was therefore erroneous.
The principal question related to the construction of Page's patent for improvements in the construction of a portable circular saw mill, the circumstances of which are stated in the opinion of the Court. Under the instructions of the court below, the jury found a verdict for Page, with $50 damages and $466.14 costs. The bills of exception are stated in the opinion of the Court.