Dunn Mfg. Co. v. Standard Computing Scale Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is a bill to enjoin infringement of patent No. 800,431, issued to H. F. Dunn and assigned to appellants, who were complainants below. The Circuit Court held the patent void for want of patentable novelty, ad dismissed the bill. The patent is for an improved computing cheese cutter.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. This is a bill to enjoin infringement of patent No. 800,431, issued to H. F. Dunn and assigned to appellants, who were complainants below. The Circuit Court held the patent void for want of patentable novelty, ad dismissed the bill. The patent is for an improved computing cheese cutter. The patentee in his specifications says that his invention “consists in first ascertaining the value of the cheese or the sum desired to be i'ealized from the sale of an article in portions, and providing the apparatus…
1Opinion of the CourtLurton, Circuit Judge
(after stating the facts as above). It is not of consequence that the elements of each claim may be old, for the claims are for a combination, and if the combination be new, or if by a new mode of organization new or better results are obtained, the patent may be sustained. The first step, as shown by the history of the art, was a cutter organized with a scale which was capable of measuring equal proportional divisions of the pieces to be cut off; but if the cheese differed in weight or value another slip must be taken. This was taken by both McCroskey and E. P. Dunn, to say nothing of the…
2Cases cited8 opinions
- Goodyear Tire & Rubber Co. v. Rubber Tire Wheel Co.Court of Appeals for the Sixth Circuit · 1902
- Dececo Co. v. George E. Gilchrist Co.Court of Appeals for the First Circuit · 1903
- Western Electric Co. v. North Electric Co.Court of Appeals for the Sixth Circuit · 1905
- Stilwell-Bierce & Smith-Vaile Co. v. Eufaula Cotton Oil Co.Court of Appeals for the Sixth Circuit · 1902
- Sanders v. HancockCourt of Appeals for the Sixth Circuit · 1904
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3Cited by6 opinions
- O'LEARY v. Liggett Drug Co.Court of Appeals for the Sixth Circuit · 1945
- Westinghouse Electric & Mfg. Co. v. Toledo, P. C. & L. Ry. Co.Court of Appeals for the Sixth Circuit · 1909
- Conway v. WhiteCourt of Appeals for the Second Circuit · 1925
- Weir Frog Co. v. PorterCourt of Appeals for the Sixth Circuit · 1913
- Dunn Mfg. Co. v. Standard Computing Scale Co.Court of Appeals for the Sixth Circuit · 1913
1 more not listed; retrieve them via the Exa API.