Barnes Automatic Sprinkler Co. v. Walworth Manuf'g Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern .District of Illinois. Suit by the Dames Automatic Sprinkler Company against the Walworth Manufacturing Company and others for infringement of a patent. The hill was dismissed. Complainant appeals.
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Appeal from the Circuit Court of the United States for the Northern .District of Illinois. Suit by the Dames Automatic Sprinkler Company against the Walworth Manufacturing Company and others for infringement of a patent. The hill was dismissed. Complainant appeals. The bill in this case is for an -accounting and an injunction against, infringement of certain claims of letters patent No. 233,393, for improvements in automatic fire extinguishers, issued October 19, 1880, to Charles Barnes, who assigned to the complainants. The court found that one of the claims in issue liad not been infringed,…
1Opinion of the Court
WOODS, Circuit Judge,
after mating the foregoing statement. The opinion delivered in the circuit court meets our approval, and, without going into the case at large, we deem it enough to consider two objections. The fourth and fifth claims of the pátent in suit were held to be anticipated by the Talcott patent of January, 1882, of which it is said in the opinion: “The public notice of the device must be carried back to the date of filing the application,” which was in April, 1879. This, it is insisted, is in clear conflict with the following declaration of the supreme court in Bates v. Coe, 98…
2Cases cited3 opinions
- Cantrell v. WallickSupreme Court of the United States · 1886
- Bates v. CoeSupreme Court of the United States · 1878
- Western Electric Co. v. Sperry Electric Co.Court of Appeals for the Seventh Circuit · 1894
3Cited by14 opinions
- Automatic Weighing Mach. Co. v. Pneumatic Scale Corp.Court of Appeals for the First Circuit · 1909
- Gray Telephone Pay Station Co. v. Baird Mfg. Co.Court of Appeals for the Seventh Circuit · 1909
- Diamond Drill & Machine Co. v. Kelly Bros.U.S. Circuit Court for the District of Eastern Pennsylvania · 1902
- Lemley v. Dobson-Evans Co.Court of Appeals for the Sixth Circuit · 1917
- Sundh Electric Co. v. Interborough Rapid Transit Co.Court of Appeals for the Second Circuit · 1912
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