Infringement action involving patent for improvement in the manufacture of tin-lined lead pipe. With regard to utility (in response to the defendant’s argument that the type of ingot used in the invention was not better than other pipe forms), the court noted:
“The statutes do not require inventions to be superior to or better than all other things known to be patentable. It is sufficient if they are useful in themselves, if they are also new. There is no question upon the evidence but that this form of ingots is useful in the manufacture of this kind of pipe, nor but that the defendant uses it. If there is another form equally useful, or better, open to use by the defendant, that could be taken; but the right to use that would not defeat the patent for this.†Id. at 715.
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Wednesday 19 of November, 2008 18:04:04 GMT by Unknown
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Wednesday 19 of November, 2008 18:04:04 GMT by Unknown