Western Electric Co. v. Fowler
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by Samuel B. Fowler against Western Electric Company and Frank R. McBerty. Decree for complainant, and defendants appeal.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by Samuel B. Fowler against Western Electric Company and Frank R. McBerty. Decree for complainant, and defendants appeal. The bill in the Court below was to secure a patent for an invention relating to a telephone exchange system, notwithstanding the adverse action of the Patent Office and the Court of Appeals for the District of Columbia in interference proceedings. The bill was under section 4915 of the Revised Statutes (U. S. Comp. St. 1901, p. 3392), resulting…
1Opinion of the Court
GROSSCUP, Circuit Judge,
delivered tlie opinion.
Section 4-915, Revised Statutes of the United States, reads as follows :
“See. 4915. Whenever a patent on application is refused, either by the Commissioner of Patents or by the supreme court of the District of Columbia upon appeal from the Commissioner, the applicant may have remedy by bill in equity ; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge that such applicant is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part…
2Cases cited4 opinions
- Morgan v. DanielsSupreme Court of the United States · 1894
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1897
- Brooks v. SacksCourt of Appeals for the First Circuit · 1897
- Western Electric Co. v. Galesburg Union Telephone Co.Court of Appeals for the Seventh Circuit · 1906
3Cited by8 opinions
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- Hyatt v. DollCourt of Appeals for the Federal Circuit · 2009
- Perry Auto Lock Co. v. Security Lock Co.Court of Appeals for the Seventh Circuit · 1922
- Rousso v. BarberDistrict Court, W.D. Pennsylvania · 1923
- Hyatt v. DollCourt of Appeals for the Federal Circuit · 2009
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