American Can Co. v. Morris
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The appellant unsuccessfully prosecuted a suit to enjoin the infringement of patent No. 539,366, May 14, 1895, to Norton, and patent No. 543,347, July 23, 1895, to McDonald.
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The appellant unsuccessfully prosecuted a suit to enjoin the infringement of patent No. 539,366, May 14, 1895, to Norton, and patent No. 543,347, July 23, 1895, to McDonald. Norton’s claim is as follows: “In a sheet metal can the can body B having interlocked edge folds or hooks, bg bz, said edge fold or hook, b*, having cuts or notches bs, bs, and an integral tongue-tearing strip, C, extending around the can body, the tongue of said tearing strip projecting between the notches…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts). The patents are for a lock-seam rip-strip can. The Norton application was filed December 5, 1892; the McDonald, January 25, 1893. The appellees contend that the McDonald patent is void in view of the Norton. The appellant claims that there is competent and sufficient evidence in the record to show that McDonald’s alleged invention antedated Norton’s, that the McDonald patent is generic, that the Norton is specific and embodies the best form of the structure, and that both patents may therefore stand. But to tarry here is needless, because the defenses invalidate…
2Cases cited4 opinions
- Brush v. ConditSupreme Court of the United States · 1889
- Greist Mfg. Co. v. ParsonsCourt of Appeals for the Seventh Circuit · 1903
- Wilce v. Bush Temple of Music Co.Court of Appeals for the Seventh Circuit · 1904
- H. Hackfeld & Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1903