Commercial Acetylene Co. v. Avery Portable Lighting Co.
U.S. Circuit Court for the District of Eastern Wisconsin
In Equity. On final hearing. This is a hill in equity charging infringement of United States letters patent No. 664,383, involving an invention of Claude & Hess for improved apparatus for storing acetylene gas, issued December 25, 1900, and United States letters patent issued May 24, 1901, to Edmund Fouche, No. 727,609, for apparatus for storage of gases; which two patents were by mesne assignments transferred and assigned to complainant.
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In Equity. On final hearing. This is a hill in equity charging infringement of United States letters patent No. 664,383, involving an invention of Claude & Hess for improved apparatus for storing acetylene gas, issued December 25, 1900, and United States letters patent issued May 24, 1901, to Edmund Fouche, No. 727,609, for apparatus for storage of gases; which two patents were by mesne assignments transferred and assigned to complainant. The answer specifically denies the several averments of the bill, and avers that both of said letters patent in all substantial and material parts have been…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). It may be well in the first instance to consider the contention of estoppel supposed to result from abandonment of claims during proceedings in the Patent Office. The file wrapper and contents of the patent in suit show that Claude & Hess had pending at the same time two distinct applications, one for the method or process of forcing acetylene gas under pressure into a solvent for the purpose of storing and transporting such gas, and the other for the apparatus or package adapted to receive and store a supersaturated solution of acetylene for safe and…
2Cases cited14 opinions
- Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Eames v. AndrewsSupreme Court of the United States · 1887
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3Cited by6 opinions
- Acme Acetylene Appliance Co. v. Commercial Acetylene Co.Court of Appeals for the Sixth Circuit · 1911
- Fireball Gas Tank & Illuminating Co. v. Commercial Acetylene Co.Court of Appeals for the Eighth Circuit · 1912
- Commercial Acetylene Co. v. Searchlight Gas Co.U.S. Circuit Court for the District of Illinois · 1911
- Commercial Acetylene Co. v. Autolux Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1910
- Marconi Wireless Telegraph Co. of America v. Kilbourne & Clark Mfg. Co.District Court, W.D. Washington · 1916
1 more not listed; retrieve them via the Exa API.