Lincoln Engineering Co. v. Stewart-Warner Corp., 303 U.S. 545 (1938)

Lincoln Engineering Co. v. Stewart-Warner Corp.


No. 608


Argued March 10, 1938
Decided March 28, 1938
303 U.S. 545

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

1. Patent No. 1,593,791, July 27, 1926, to Butler, for the combination of a headed nipple, for receiving lubricant, a grease pump, and a coupler having a multi-jawed chuck which is closed over the head of the nipple by the pressure of the grease acting on a piston within the tube of the coupler, held void as claiming more than the applicant invented. P. 548.

Assuming that the coupler embraced a patentable improvement in the respect that the jaws of the chuck are actuated by the grease pressure, the chuck form of coupling as well as the headed nipple and grease pump are old in the art, and perform no new functions in this combination.

2. The improvement of one part of an old combination gives no right to claim that improvement in combination with other old parts which perform no new function in the combination. Rogers v. Alemite Corp., 298 U.S. 415. P. 549.

91 F.2d 757 reversed.

Certiorari, 302 U.S. 682, to review the affirmance of a decree, 15 F.Supp. 571; 16 id. 778, holding the present petitioner guilty of contributory infringement in selling headed fittings or nipples for lubrication such as are described in the respondent’s patent and which are usable, and intended to be used, in connection with the grease gun and coupler of the patent.