"Be it known that I, Esau Torrent, of Muskegon, in the County of Muskegon and State of Michigan, have invented a" The parts in italics are found in the reissue and not in the original, and the parts enclosed in brackets are found in the original and not in the reissue: The original specification is here reproduced so as to show the changes made in the reissue. The specification and claims of the original and reissued patents were both illustrated by the annexed drawings. "a new and improved machine for rolling saw logs," the assignment of said letters patent by the patentee to Rodgers, and the reissued letters patent granted to Rodgers as the assignee of Torrent, applied for June 25, 1873, and issued and dated July 15, 1873.
ARKMS PRO TORRENT TRIAL
Upon the trial in the circuit court, Rodgers, to maintain the issue on his part, introduced in evidence the original letters patent, dated August 25, 1868, granted to Esau Torrent for Torrent, and the said principles so patented by the said John Torrent had (by him) been used at the City of Muskegon aforesaid by said John Torrent and others." "made his application for a patent therefor on January 29, 1873, and his patent was granted August 12, 1873, and the plaintiff and his assignee had knowledge prior to the application for such reissue of the aforesaid application for patent by the said John "That the said patentee and his assignee, the plaintiff, unjustly obtained the reissued patent for matters and principles embraced in such reissue not included in the original patent or specification therefor, and for what was in fact invented by another, to-wit, John Torrent, of the City of Muskegon, who was using reasonable diligence in adapting and perfecting the same "
The lumber company pleaded the general issue, with notice that, among other things, it would give in evidence and insist in its defense This was an action at law brought June 25, 1879, by Alexander Rodgers, the defendant in error, against The Torrent and Arms Lumber Company, the plaintiff in error, to recover damages for the infringement of reissued letters patent for "a new and improved machine for rolling saw logs," dated June 25, 1873, granted to Rodgers as the assignee of Esau Torrent, the original patentee. 659 (1884)Ī reissue of a patent, applied for with unreasonable delay, and for the purpose of enlarging the specification and claims in order to include within the monopoly an invention patented after the original patent was granted, is void as to the new claims.