New York Scaffolding Co. v. Liebel-Binney Co., 254 U.S. 24 (1920)

New York Scaffolding Company v.

Liebel-Binney Construction Company
No. 22

Argued October 7, 8, 1920
Decided November 8, 1920
254 U.S. 24

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

The Court notices the earlier form of scaffolding used in the construction of buildings. P. 26.

The fact that certain advantages over the prior art asserted for the patented device here in question were not asserted in the patent itself held not to deprive the patent of their benefit in determining whether the device was an invention. P. 31.

Patent No. 959,008, Claims 1 and 3, to Elias H. Henderson, for improvement in scaffold-supporting means, does not involve any invention over the prior art as displayed in the earlier patent to William J. Murray, but merely mechanical change, easy to discern and to make and incidental to the main idea of the Murray patent. Pp. 27-31.

243 F. 577 affirmed.

The case is stated in the opinion.