Dodge Coal Storage Co. v. New York Cent. & H. R. R.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. ' This cause comes here by appeal from a decree of the United States Circuit Court for the Northern District of New York, dismissing bill alleging infringement by defendant of complainant’s patents, No. 668,960, granted February 26, 1901, and No. 688,111, granted December 3, 1901, to Charles Piez and Robert H. Beaumont, and assigned to complainant, for improvements in storage apparatus.
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Appeal from the Circuit Court of the United States for the Northern District of New York. ' This cause comes here by appeal from a decree of the United States Circuit Court for the Northern District of New York, dismissing bill alleging infringement by defendant of complainant’s patents, No. 668,960, granted February 26, 1901, and No. 688,111, granted December 3, 1901, to Charles Piez and Robert H. Beaumont, and assigned to complainant, for improvements in storage apparatus. The opinion of the court below is reported in 139 Fed. 976.
1Opinion of the Court
TOWNSEND, Circuit Judge".
The court below, upon a review and discussion of the idea of the patentees of the removal and conveyance of material from one pile or fixed point to another pile or fixed point, thus making “a large area tributary to a single central point,” and of the means provided by them for accomplishing these results, reached the conclusion that the idea was not novel, and that “engineering skill was adequate to the work,” and, referring to the prior art, said as follows :
*739“In patent to E. L. Clark, October 15, 1889, No. 413,031, we find a pit directly under a revolvablo tower, a…
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