Legal Opinion

Royal Metal Mfg. Co. v. Art Metal Works

Court of Appeals for the Second Circuit

Decided April 25, 1904No. 151PublishedCited by 4 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. This cause comes here on appeal from a decree dismissing a bill for infringement of complainant’s patent, No. 34,357, granted April 9, 1901, to Isaac Lowenthal, for a design for a belt.

1Per curiam

We concur in the opinion of the court below that the complainant has no ground for equitable relief. The specifications of the patent and the admissions of complainant’s expert show that the essential element of the so-called design is a mechanical construction consisting in the attachment of the fabric of a belt to triangular metal front parts at such an angle that, when the parts are engaged, they will cause the front portion of the belt to dip in a downward direction. In these circumstances, it is immaterial that such an *779arrangement was old, and that, even if the patent could be construed…

2Cited by4 opinions

  1. Chicago Sugar Co. v. American Sugar Refining Co.Court of Appeals for the Seventh Circuit · 1949
  2. North British Rubber Co. v. Racine Rubber Tire Co. of New York, Inc.Court of Appeals for the Second Circuit · 1921
  3. Roberts v. BennettCourt of Appeals for the Second Circuit · 1905
  4. D. Klein & Son, Inc. v. Giant Umbrella Co.District Court, S.D. New York · 1972

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