Williams Calk Co. v. Neverslip Mfg. Co.
U.S. Circuit Court for the District of Middle Pennsylvania
In Equity. Suit for infringement of letters patent No. 29,793 for a design for a horseshoe calk, granted December 13, 1898, and No. 666,583, for a horseshoe calk, granted January 22, 1901, both to John R. Williams. On final hearing.
1Opinion of the Court
ARCHBAED, District Judge.
It is to be regretted that the inventor did not at the outstart, as he did later, take out a mechanical, instead of a design, patent for his horseshoe calk; for it certainly is in its useful features that the whole value of the invention resides, and not in its pleasing configuration to the eye, whatever that may contribute to it; and, the contrary being the fact, I do not see how, all things considered, either patent can be sustained. So far as the mechanical patent is concerned, everything to be found in it is portrayed in the design patent, which thus stands as an…
2Cases cited16 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- James v. CampbellSupreme Court of the United States · 1882
- McCreary v. Pennsylvania Canal Co.Supreme Court of the United States · 1891
- Mosler Safe & Lock Co. v. MoslerSupreme Court of the United States · 1888
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3Cited by15 opinions
- H. C. White Co. v. Morton E. Converse & Son Co.Court of Appeals for the Second Circuit · 1927
- Application of StevensCourt of Customs and Patent Appeals · 1949
- In Re HargravesCourt of Customs and Patent Appeals · 1931
- Bayley & Sons, Inc. v. Standart Art Glass Co.Court of Appeals for the Second Circuit · 1918
- Theodore W. Foster & Bro. Co. v. Tilden-Thurber Co.Court of Appeals for the First Circuit · 1912
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