Neureuther v. Mineral Point Zinc Co.
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. In Equity. Suit by Charles F. Neureuther against the Mineral Point Zinc Company. Decree for defendant, and complainant appeals.
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. In Equity. Suit by Charles F. Neureuther against the Mineral Point Zinc Company. Decree for defendant, and complainant appeals. The appellant, as patentee and owner of letters patent No. 666,390, filed his bill against the appellee to enjoin an alleged infringement of claims in the patent; and upon final hearing of the issues the bill was dismissed for want of equity. This appeal is from the decree thereupon. The patent is entitled an “Improvement in Regenerative Retort-Heating…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts as above). The patent in suit, No. 666,390, was issued to the appellant January 22, 1901, for an “improvement in regenerative retort-heating furnaces,” having special reference to zinc-smelting furnaces. In the light of the prior art, including the conceded facts of regenerative zinc-smelting furnaces in prior use for many years, the test of patentable novelty in the appellant’s device rests on a single feature — disclosing a “three-port” form of such furnace, as distinguished from the “one-port” and “two-port” forms in prior use — with no serious complications of…
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