Burns v. Meyer

• Decision Date: 01 October 1879
• Citation: Burns v. Meyer, 100 U.S. 671, 25 L.Ed. 733 (1879)
• Parties: BURNS v. MEYER
• Court: U.S. Supreme Court

100 U.S. 671

100 U.S. 671

25 L.Ed. 733

BURNS v. MEYER.

October Term, 1879

APPEAL from the Circuit Court of the United States for the Eastern District of Missouri.

The facts are stated in the opinion of the court.

Mr. Samuel S. Boyd for the appellants.

No counsel appeared for the appellees.

MR. JUSTICE BRADLEY delivered the opinion of the court.

The only question in this case is, whether the defendants infringe certain letters-patent (No. 97,236) granted 23d of November, 1869, to John J. Grimsley and John Shelly, for an improved side-saddle tree alleged to have been invented by Shelly; which letters were afterwards assigned to the complainants.

The infringement alleged consists in making and using sidesaddle trees according to a plan described in another patent granted to Orlando V. Flora, on the 9th of May, 1876, numbered 177,233. According to the complainants' patent, this tree, composed of side-bars, cantle behind, and crook before, is first made, and the seat is constructed separately on a properly shaped rim, and is then fastened to the tree by screws, resting on the crook in front, and on supports attached to the side-bars in the middle and at the rear. This construction is claimed to simplify and cheapen the manufacture, and leave a space for air under the seat. The claim of the patent is as follows:——

'What I claim as my invention, and desire to secure by letters-patent is——

'As a new article of manufacture, a side-saddle tree, having the side-bars and seat made separate and then united, substantially as and for the purpose shown and specified.'

The defendants' side-saddle tree, constructed according to Flora's patent, which is alleged to be an infringement, does not have 'the side-bars and seat made separate and then united.' On the contrary,...