James E. Tompkins Co. v. New York Woven Wire Mattress Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from a decree of the Circuit Court for the Southern District of New York holding valid and infringed letters patent No. 37,649 granted to Daniel I. Tompkins, November 7, 1905, for a design for bed-springs and assigned to the complainant. The application for the patent was filed May 3, 1905. The opinion below is reported in 154 Red. 669.
1Opinion of the Court
COXE, Circuit Judge.
The description of the bed-spring found in the specification is as follows:
“A new, original and ornamental design for a bed-spring, as shown in the accompanying drawing, which represents a transverse section of my design.”
This is all. The claim is for “the ornamental design for a bed-spring as shown.” We are thus relegated to the drawing as the sole source of information.
The drawing is about seven inches long and two inches wide and shows alternate sections of close and open weaving about three-quarters of an inch wide, separated by longitudinal strands, those on the *134outsid…
2Cited by10 opinions
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- Phœnix Knitting Works v. RichU.S. Circuit Court for the District of Northern Ohio · 1911
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