The Law of Design Patents : Containing All Reported Decisions of the U.S. Courts And the Patent Office, in Design Cases, to A.D. 1874 : With Digests And Treatise

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1871 (* p. 39.) DECIDED BY THE U. S. COURTS.
143 Letters patent, No. 4,973, to Hugh W. Collender, for " Desiga for a Billiard Table," dated June 6, 1871, held in- Talid for want of novelty.
Collender v. Griffith, N. Y. 1873 (* p. 51).
PATENTABLE EEQUISITES.
"The act (of March 2, 1861), although it does not require utility in order to secure the benefit of its provisions, does require that the shape produced shall be the result of industry, effort, genius, or (and) expense, and must * * be held
...to require that the shape or configuration sought to be secured shall at least be new and original as applied to articles of TTifmiiTflpt'nT'P Wooster 'v. Crane et al, 2 Fish. P. C. 583, K T. 1865 (* P- 16).
Where the patented shape was " a common one in many articles of manufacture," — " an arbitrary, chance selection of one of many well-known shapes all equally well adapted to the purpose," — from the selection of which no advantage was derived, except the incidental use as a trade-mark, the patent held invalid.


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