Kilbourne v. W. Bingham Co.
U.S. Circuit Court for the District of Northern Ohio
In Equity. Suit for infringing letters patent No. 240,148, granted April 12,1881, to complainant James Kilboume for a sink. Claim first, which is in ssue in this case, reads as follows: “The herein-described sink, made of a single sheet of wrought steel or iron, without joint, seam, or interior angle, substantially as set forth.”
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In Equity. Suit for infringing letters patent No. 240,148, granted April 12,1881, to complainant James Kilboume for a sink. Claim first, which is in ssue in this case, reads as follows: “The herein-described sink, made of a single sheet of wrought steel or iron, without joint, seam, or interior angle, substantially as set forth.” The patentee, in his specifications, says: “My invention consists of a sink swaged or struck up from a single sheet of wrought iron or steel, without joint, seam, or interior angle. Heretofore, so far as I am informed, sinks have been made of cast-metal. Sinks of…
1Opinion of the Court
Sage, J.,
(after stating the facts as above.) The complainant’s sink differs in no respect whatever from sinks manufactured by him and others prior to his patent, and in general use, excepting that it is constructed of wrought iron or steel, swaged or struck up from a single sheet, by a process which is old and perfectly well known. The material is old; the mode of manufacture is old; and the only thing claimed in addition to what is set forth in the specification, to support the invention, is that the result is a new manufacture, having the advantage over the old that, whereas cast-iron is…
2Cases cited2 opinions
- Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
- Hicks v. KelseySupreme Court of the United States · 1874
3Cited by2 opinions
- Strom Manuf'g Co. v. Weir Frog Co.Court of Appeals for the Sixth Circuit · 1897
- Strom Manuf'g Co. v. Weir Frog Co.U.S. Circuit Court for the District of Southern Ohio · 1896