St. Germain v. Brunswick
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. This was a bill filed by Emanuel Brunswick against Ferdinand de St. Germain in the Circuit Court of the United States for the District of California, October 25, 1880, for an alleged infringement of letters patent No. 72,969, granted to Brunswick, January 7, 1868, for a revolving cue-rack. • The defendant demurred to the bill February 16, 1881, and ara,ong other causes of demurrer assigned…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. This was a bill filed by Emanuel Brunswick against Ferdinand de St. Germain in the Circuit Court of the United States for the District of California, October 25, 1880, for an alleged infringement of letters patent No. 72,969, granted to Brunswick, January 7, 1868, for a revolving cue-rack. • The defendant demurred to the bill February 16, 1881, and ara,ong other causes of demurrer assigned that “ the said complaint does not describe or set forth, any new or useful invention, or discovery, or any invention or…
1Opinion of the CourtChief Justice Fullee
This case falls within the familiar rule that the .application of an old process, or machine or apparatus to a similar, or
analogous subject, with no change in the manner of application, and no result substantially distinct in its nature, will not sustain a patent, although the new form of result may not have before been contemplated.
The ordinary cue-rack was made with the upper part perforated with lióles to receive the small ends of the cues when put in the rack, arid with a ledge or moulding along the front of the lower part, on which the cues stood, so as to prevent them from slipping off.…
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- Kwik Set, Inc. v. Welch Grape Juice Co.Court of Appeals for the Second Circuit · 1936
- Richmond v. AtwoodCourt of Appeals for the First Circuit · 1892
- Weir Frog Co. v. PorterCourt of Appeals for the Sixth Circuit · 1913
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