Home/D. Indiana/Johnson v. Olsen

Johnson v. Olsen

61 F. 829, 1894 U.S. App. LEXIS 2830
District Court, D. Indiana·Decided May 29, 1894·No. No. 8,782·Published

Opinion

BAKER, District Judge.

This is a suit in equity for an injunction, and for the recovery of damages for the infringement of letters patent of the United States No. 452,553, issued May 19, 1891, to the complainant, on improvements in excelsior machines. The defendant has interposed as grounds of defense: license, invention of the machine by defendant, abandonment, two years’ prior use, that the claims are for aggregations, lack of novelty, and lack of invention. The defendant’s contention—and the only one which the court deems it necessary to pass upon—is that the complainant’s patent is void for lack of novelty and lack of invention. The object of the invention is to enable upright excelsior machines to cut a larger quantity of long, unbroken, hair-like fibers from wood than prior machines had been able to cut, and to produce a machine which could be operated more cheaply, while it would last longer, and need less repairs. The claims as finally allowed, and the, claims originally made and rejected, and afterwards canceled by complainant, and also the various amendments which appear in the record of the application on which the patent was granted, are as follows:

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Johnson v. Olsen, 61 F. 829, 1894 U.S. App. LEXIS 2830 (indianad 1894).

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