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Collar Company v. Van Dusen U.S. 530 (1875)

handle is hein.slavery/ussccases0460 and id is 1 raw text is: 530 COLLAR COMPANY V. VAN DUSEN. [Sup. Ct. Syllabus. COLLAR COMPANY V. VAN DUSET. 1. The purpose of a reissue is to render effectual the actual invention for which the original patent should have been granted, not to introduce new features. Therefore, in an application for reissue parol testimony is not admissible to enlarge the scope of the invention beyond what was described, sug- gested, or substaptially indicated in the original specification, drawings, or Patent Office model. 2. 'Whether a reissued patent is for the same invention as the original, de- pends upon whether the specification and drawings of the reissued patent are substantially the same as those of the original; and, if not, whether the omissions or additions are or are not greater than the law allows to.cure the defect of the original. 3. Where the original patent for improvement in paper shirt-collars, granted to Andrew Evans, lIay 26th, 1863, stated the invention to consist, first, in making the collars of parchment-paper, or paper prepared with animal-sizing; and second, in coating one or both sides of the collar with a thin varnish of bleached shellac, to give smoothness, strength, and stiffness, and to repel moisture; the claim being for 1a shirt-collar made of parchment-paper, and coated with varnish of bleached shellac, substantially as described, and for the objects specified : Held, that a reissue thereof which describes a paper other than parchment-paper, or one prepared with animal sizing, and which does not require either side of the collars to be coated with a varnish of bleached shellac for any purpose, the claim being for a collar made of long-fibre paper, sub- stantially such as is above described, is for a different invention from that embodied in the original patent. 4. Articles of manufacture may be new in the commercial sense when they are not nev in the sense of the patent law. 5. New articles of commerce are not patentable as new manufactures unless it appears in the given case that the production of the new article in- volved the exercise of invention or discovery beyond what was necessary to construct the apparatus for its manufacture. 6. It appearing that the collars made by Evans., apart from the paper com- posing them, were identical in form, structure, and arrangement with collars previously made of linen paper of different quality, and of other fabrics, and that Evans did not invent the special paper used by him, nor the process by which it was obtained: Held, that he was not entitled to a patent for the collars as a new manufacture. 7. The relations of an employer and a party employed by him, in regard to the origin of inventions, stated. 8 The object in turning down a collar on a curved line instead of a straight line is precisely the same, whether the collar be all paper, paper and linen, or all linen. Hence, where it appeared that linen collars had

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