Legal Opinion

Wise Soda Apparatus Co. v. Bishop-Babcock-Becker Co.

Court of Appeals for the Sixth Circuit

Decided March 15, 1917No. 2903PublishedCited by 9 opinions

Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; John H. Clarke, Judge. Suit by the Wise Soda Apparatus Company against the Bishop-BaB-■cock-Becker Company for infringement of a patent. From a decree adjudging the patent void and dismissing the bill of complaint, complainant appeals.

1Opinion of the Court

WARRINGTON, Circuit Judge.

This appeal is from a decree adjudging letters patent No. 1,002,950 null and void and dismissing the ■bill of complaint. The patent was granted September 12, 1911, to George W. Wise and Henry A. Wise, assignors of appellant. The pleadings present in the usual way the issues of validity and infringement, all the claims of the letters patent being involved. It is stated in the specification:

“Our invention relates to improvements in metallic frames for soda fountain counters and otter analogous structures. The primary object of the invention is to entirely eliminate…

2Cases cited5 opinions

  1. Keene v. New Idea Spreader Co.Court of Appeals for the Sixth Circuit · 1916
  2. Kilbourne v. W. Pingham Co.Court of Appeals for the Sixth Circuit · 1892
  3. Drake Castle Pressed Steel Lug Co. v. Brownell & Co.Court of Appeals for the Sixth Circuit · 1903
  4. Sheffield Car. Co. v. D'ArcyCourt of Appeals for the Sixth Circuit · 1912
  5. Ventilated Cushion & Spring Co. v. D'ArcyCourt of Appeals for the Sixth Circuit · 1915

3Cited by9 opinions

  1. Remington Rand Business Service, Inc. v. Acme Card System Co.Court of Appeals for the Fourth Circuit · 1934
  2. Wagner v. Meccano Ltd.Court of Appeals for the Sixth Circuit · 1917
  3. Kemper-Thomas Co. v. J. P. Gordon Co.Court of Appeals for the Sixth Circuit · 1933
  4. Smith v. American Electric Rabbit Racing Ass'nDistrict Court, E.D. Louisiana · 1927
  5. Bridgeport Brass Co. v. Ford Motor Co.Court of Appeals for the Sixth Circuit · 1922

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