Fowler & Wolfe Mfg. Co. v. McCrum-Howell Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This was a bill in equity filed in the United States District Court for the Southern District of New York by the Fowler & Wolfe Manufacturing Company against the MeOrum-lIowell Company for an injunction, damages, and an accounting for tlie infringement of letters patent No. 609,800, issued August 30, 189S, to Arthur H. Fowler, of whom the complainant was the assignee for an improvement…
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Appeal from the District Court of the United States for the Southern District of New York. This was a bill in equity filed in the United States District Court for the Southern District of New York by the Fowler & Wolfe Manufacturing Company against the MeOrum-lIowell Company for an injunction, damages, and an accounting for tlie infringement of letters patent No. 609,800, issued August 30, 189S, to Arthur H. Fowler, of whom the complainant was the assignee for an improvement in radiators. The court below dismissed the bill on the ground that the patent was invalid for the want of patentable…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The question in this case brings before the court the validity of complainant’s patent, and, if the patent is valid, then the question of the defendant’s infringement.
It is the complainant’s contention that the patentee gave to the world the first wall radiator composed of units capable of being connected together to extend the area of radiating surface over a wall. The complainant insists that there is a substantial and effective difference between a floor radiator and a wall radiator, and that the features of construction and proportions of parts which…
2Cases cited12 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
- Carnegie Steel Co. v. Cambria Iron Co.Supreme Court of the United States · 1902
- The Corn-Planter PatentSupreme Court of the United States · 1874
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3Cited by21 opinions
- Western States MacH. Co. v. S. S. Hepworth Co.Court of Appeals for the Second Circuit · 1945
- Dominion Magnesium Ltd. v. United StatesUnited States Court of Claims · 1963
- Fulton Co. v. Powers Regulator Co.Court of Appeals for the Second Circuit · 1920
- Smokador Mfg. Co. v. Tubular Products Co.Court of Appeals for the Second Circuit · 1929
- R. M. Hollingshead Co. v. Bassick Mfg. Co.Court of Appeals for the Sixth Circuit · 1934
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