US Patent: RE5,487
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| Improvement in machines for turning logs
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Patentee:
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| Esau Tarrant (exact or similar names) - Muskegon, MI |
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Patent Dates:
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| Applied: |
Jun. 25, 1873 |
| Granted: |
Jul. 15, 1873 |
| Reissue Information: |
| Reissue of 81,432 (Aug. 25, 1868) |
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Jeff Joslin
Vintage Machinery entry for Muskegon Iron Works
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Description: |
| A dispute over this patent went all the way to the U.S. Supreme Court. "Torrent & Arms Lumber Co. v. Rodgers", 112 U.S. 659 (1884)."This was an action at law brought June 25, 1879, by Alexander Rodgers, the defendant in error, against the Torrent & 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 (sic, should be July 15, 1873), granted to Rodgers as the assignee of Esau Torrent, the original patentee. The lumber company pleaded the general issue, with notice that, among other things, it would give in evidence, and insist in its defense, '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;' that John Torrent 'made his application for a patent therefor on January 29, 1873, and his patent was granted August 12, 1873 (patent 141,739), 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 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.' 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 (patent 81,432), granted to Esau Torrent for '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. The specification and claims of the original and reissued patents were both illustrated by the annexed drawings." The decision of the Supreme Court was in favor of Torrent & Arms, and they ordered the case back to circuit court for retrial. |
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