Legal Opinion
Merry Manufacturing Company v. Burns Tool Company and Economy Auto Stores, Inc.
Court of Appeals for the Fifth Circuit
Decided September 11, 1964No. 20103_1PublishedCited by 23 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This is an appeal by the Patentee from a decree holding Claims 1, 2, 7, 8 and 9 of Merry Patent No. 2,614,474 invalid as well as uninfringed and also denying the claim for unfair trade practices. We affirm.
The device involved is a walking, motor-powered tiller by which the soil is turned by tined wheels that afford, together or separately, the traction as well. Claims 1 and 2 1 relate to a structure in which the sole contact with the ground is the tined wheels. The earth-moving, if not earth-shaking, contribution of Claims 7, 8 and 9 2 is the presence of a…
2Cases cited11 opinions
- Inglett & Company, Inc. v. Everglades Fertilizer Company, Inc.Court of Appeals for the Fifth Circuit · 1958
- Goodwin v. Borg-Warner CorporationCourt of Appeals for the Sixth Circuit · 1946
- Clyde O. Williams v. National Surety CorporationCourt of Appeals for the Fifth Circuit · 1958
- In re RobertsCourt of Appeals for the D.C. Circuit · 1920
- Application of Maximilian Paul SchmidtCourt of Customs and Patent Appeals · 1961
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- National Union Fire Insurance v. Siliconix Inc.District Court, N.D. California · 1989
- Kaiser Industries Corp. v. McLouth Steel Corp.Court of Appeals for the Sixth Circuit · 1968
- The Laitram Corporation v. Deepsouth Packing Co., Inc.Court of Appeals for the Fifth Circuit · 1971
- Hughes Tool Company v. Varel Manufacturing Company, Inc., Varel Manufacturing Company, Inc. v. Hughes Tool CompanyCourt of Appeals for the Fifth Circuit · 1964
- Frazier v. Alabama Motor Club, Inc.Court of Appeals for the Fifth Circuit · 1965
18 more not listed; retrieve them via the Exa API.