209 F. 616 | 7th Cir. | 1913
(after stating the facts as above). Whatever invention there may have been in original claims 1, 2, 3, and 4 was distinctly waived by the proceedings in the patent office. Hubbell v. United States, 179 U. S. 77, 21 Sup. Ct. 24, 45 L. Ed. 95. We are of the opinion, however, that said claims involved no invention, and were properly disallowed.’ The only question now presented is whether the combination including the concentrically cast flange and the integral lugs added patentable novelty to the device independently of the subject-matter of the rejected claims.
We are of the opinion that there was not invention involved in the conception of the cast metal reflector of Avery, in view of the state of the art. His improvements were only such as would occur to one skilled in the art in attempting to meet the demands of the automobile trade. It was not invention to make in. one-part the housing cap, which liad theretofore been made in two. Nor was there required
With regard to the matter of unfair competition, it does not appear that appellee had any trade built up on his form of reflector. Nor does it appear that his reflector had any features which were distinctive, or that appellant could have given its reflectors any other or distinctive features without departing from the ordinary form of a reflector. No attempt is disclosed on appellant’s part to imitate appellee’s device for the purpose of securing trade. The form used may well have been incident to the use of tire cast metal reflector. We are unable to see what bearing appellant’s undertaking to manufacture reflectors for appellee has upon the question of unfair competition.
For these reasons, the decree of the District Court is reversed with direction to dismiss'the bill for want of equity.