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Waxham v. Smith, 294 U.S. 20 (1935)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Waxham v. Smith, 294 U.S. 20 (1935)
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Waxham v. Smith No. 208 Argued December 4, 1934 Decided January 7, 1935 294 U.S. 20
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. Claim 1 of Patent No. 1,262,860, to Smith for a method of incubating eggs, held valid and infringed. See Smith v. Snow, ante p. 1. P. 21.
2. The claim is for a method or process, and not for a machine or the function of a machine. P. 21.
3. A method, otherwise patentable, is not to be rejected as "functional" merely because the specifications show a machine capable of using it. P. 22.
4. Infringement of the Smith method is not avoided by use of it, whether more or less efficiently, in an incubator of different structure than Smith’s. P. 23.
70 F.2d 457, affirmed.
Certiorari to review a judgment affirming a judgment of the District Court holding a patent valid and infringed.
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Chicago: U.S. Supreme Court, "Syllabus," Waxham v. Smith, 294 U.S. 20 (1935) in 294 U.S. 20 294 U.S. 21. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=AJQW4P3G84RPH24.
MLA: U.S. Supreme Court. "Syllabus." Waxham v. Smith, 294 U.S. 20 (1935), in 294 U.S. 20, page 294 U.S. 21. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AJQW4P3G84RPH24.
Harvard: U.S. Supreme Court, 'Syllabus' in Waxham v. Smith, 294 U.S. 20 (1935). cited in 1935, 294 U.S. 20, pp.294 U.S. 21. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=AJQW4P3G84RPH24.
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