Foster v. T. L. Smith Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the T. D. Smith Company, the Jaeger Machine Company, and the Waterloo Cement Machinery Corporation against Edward Foster. Decree for complainants, and defendant appeals.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the T. D. Smith Company, the Jaeger Machine Company, and the Waterloo Cement Machinery Corporation against Edward Foster. Decree for complainants, and defendant appeals. By the decree of the District Court appellant is enjoined from continuing the infringement of claims 5, 16, 17, 18, 28, 30, 31, and 32 of patent No. 803,721, issued on November 7, 1905, to appellee the T. B. Smith Company, as as-signee of the applicant, Thomas L. Smith, for a machine to mix…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] I. Utility is presumed; but if we first apprehend the nature and advantage§ of the machine which Smith conceived, we shall be in a better position to understand and apply the prior art.
Smith’s most general conception of his machine as an entirety is' probably best stated in claim 32. There, the only limitations upon the form of the mixing receptacle are that it shall have but one opening, which must be clear and unobstructed and substantially concentric with the axis of revolution, and that it shall have a recognizable “middle.” The advantages of the…
2Cases cited9 opinions
- Potts v. CreagerSupreme Court of the United States · 1895
- Adam v. FolgerCourt of Appeals for the Sixth Circuit · 1903
- Railroad Supply Co. v. Hart Steel Co.Court of Appeals for the Seventh Circuit · 1915
- Indiana Mfg. Co. v. J. I. Case Threshing Mach. Co.Court of Appeals for the Seventh Circuit · 1907
- Crane Co. v. BakerCourt of Appeals for the Seventh Circuit · 1903
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3Cited by9 opinions
- James C. Hobbs v. Wisconsin Power & Light Company and William Powell CompanyCourt of Appeals for the Seventh Circuit · 1957
- Helms Products, Inc. v. Lake Shore Manufacturing Company, Inc.Court of Appeals for the Seventh Circuit · 1955
- Ensign Carburetor Co. v. Zenith-Detroit Corp.Court of Appeals for the Second Circuit · 1929
- T. L. Smith Co. v. Cement Tile Machinery Co.Court of Appeals for the Eighth Circuit · 1919
- Beattie Mfg. Co. v. Tutelman-Kohn-Marcus, Inc.District Court, D. Delaware · 1937
4 more not listed; retrieve them via the Exa API.