The Barre daily times. (Barre, Vt.) 1897-1959, 1908-02-03
DECISION ON
PATENT CASE
Full Text OF Judge Martins
Report
ON IMPORTANT SUIT
Which Was Brought by John W. crier
to Prevent the Use Of Certain
Design On Ground That It
Was Patented.
ION IMPORTANT SUI

Martin d the United states circuit court
in favor Of hines s Crniekshank and viii
liam Mari. administration Of the Cruick-
shank estate. who were sued for in.
ffingement Of patent BY John W Crier,
is As follows
The complainant alleges an infringe
Enent Of design patent no. n Ills, Isl
sued to lillian II. Young 81 Troy, New
York. under date of May 25, 1907, for a
design Of sarcophagus monument; that
said patent was duly issued and there
after assigned to the complainant with
all claims for damages and penalties for
infringement Of the same THAT said
letters patent have been duly adjudged
valid by the circuit court of the north-
eru district 81 New York, and the cincuit
court Of appeals for the second circuit in
the c&se of Young " Daley; that the
defendant lines AMI Mars Intestate,
Cruieksslank. Of Barre, Vt. were In part
nership under the firm name Of lines
4 Crtlieksbank, and that they knowingly
iufEinged said patent between the date
Of its issue and the daze 81 said CrViick.
shank's death BY constructing and sell
ing monuments efnbesying the patented
design; that since said Cruirksllank's
death. the defendants Innes and Mari
administrator as Aforesaid. have contin-
ued and threatened 70 continue such
Infringement, ard praying for an in
junction and an award OF the statutory
penalty of $3.50. etc.
The answer IL substance denies
Youngs invention az an original de-
sign for monuments. denies that the
same Is useful: disclaims knowledge 81
said letters patent and denies their val
iaity: AYERS that every element OF the
design ii question vas III common use
before said letters patent, and challenges
every allegation il the eomplainant's
bslI Of complaint
Issue was joined and large amount
oi evidence taken.
Tire patenteI designs represents a mon
ument with l0wer and upper base. and
upon the upper iasa rests lie which
il swrmounted hy a esp THE general
form Of these members Il rectangular.
with two elongated sides. TIE vertical
siaew NJ the bass and die exhibit uncut
roek. 0ne IL both at the lanx vertical
sides of the die are ognanented with
hammered oF polished sablasmre ii the
form 81 i central arch extending nearly
ta the top III tbs side. leaving above the
tabsature q projecting tablet II rockwork
extending across the upper side ST the
die comparatively narrow At the middle
ef the side and gradually increasing in
width toward eaeh end pom the face
81 the tablature may be placed an aTrhed
tablet having its upper and lower border
lines parallel With the border lire Of the
ture Of tie design consists iR the 0rua
mental cont sfration q tie die. and
the lattsvs patent ses ade as follows;
DO nos Wish e X limited 10 q
plane surface Tor The araAed tables, az
the same nav be cut to form spesial
designs with ny general design The
arrhed tablet nav ae either intarli0 or
relieve What | claim IS new. and desire /
% secure by letters patent. is-rhe de- /
sign for / monument herein shown and /
described"
The ganeral eonfigaration Of this pat
aHted design Is old Il Is simply the I
sacrophagus style TIE evidence shows |
hat the two bases Of uncut rockwnrk I
were IN use many years before this pat
an6 was obtained The Use Of a die with i
an areh over the tablature. ognamentei /
with spanlrels af different designs, some 4
u skilled carving. ssne 81 plane ham
nered surface. and some 81 uncut rock, Il
i Old IN tire construction Ut safcophagas
llelisk and cottage monuments and ~
q saTc0rhagtls monuments, rectangular
designs are 0id In Use Sarsoptaesis caps /
II monuments 81 the sane rock shaped
.onsi n1rafion Is thar u this patented
lesign were III tise many wears preceding
lsese letters patent Just such ali over.
ianging arch Of rock faced spaDdrels
extending across the top. az IN this pat
nted desiga. Is not found in amy of the
.xhihits 81 the old designs. but the same
dea Is found il exhibits 90 and So, If
lot % say others: and whether che pat
.Hted design IS an improvement upon the
ID art Is more Il matter of taste than
f inventive geHius. b putting the die
i defendants exhibit 90 on the two
iases Of defendants exhibit 80. and cap
ing it with the cap Of defendants ex-
.ibit p or g. of applying to the de-
tIGeHtsS > esEetkfi - tseE ttlfttkl TOO NMDikt
1 defendants exhibit p. We would have
monument - nearly resembling this
afensed design that, i this patent IS
sistainad. Il weula b an infringement
o the ordinary observer It would look
be same and that IS the test Of infringe
cent. and the four monuments made BY !
be defendants wauld be deemed an in
A person who prefers sareophagus )
1onumeat 70 any other style and has q
peeial fancy for uncut roekwork. visit {
X a eemetfy III which there has been {
laced the Stewart monument. defend (
nts exhibit S.. and . monument con
.ueted from The design ri defendamts
xhibt 6 and 25 and eonsludes to use &
Be two bases IS s.. the die 81 IS. hv &
hanging the spanarels ever the tablature Ia
.om carving - uncut raekwork. ard i
sing the sap ii a. would have monu. 4
tsfIf ia general appearance like this
itent. and should Ia prevail upon some +
one cutter e. make monument 70 y
nc such a taste. he would cutie likely 3
4 that stone cutter into chaneerv for
lvine infFinzed this patent set nutA-
e would have bean done exaept to
'senhle cid parts. No one u those
ements contributes &c the COMPLETED
suit any rev feature excent to meet