Eldred v. Kessler
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. The appellant was the complainant below in a suit for alleged infringement of letters patent No. 492,913, issued to J. G. Chambers, March 7, 1893, for an “electric lamp lighter” (used as a cigar lighter), and No. 522,934, issued to J. J. Eberhard and O. G. Sehimkatt, July 10, 1894, for an “electric cigar lighter,” — both patents being owned by the complainant.
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Appeal from the Circuit Court of the United States for the District of Indiana. The appellant was the complainant below in a suit for alleged infringement of letters patent No. 492,913, issued to J. G. Chambers, March 7, 1893, for an “electric lamp lighter” (used as a cigar lighter), and No. 522,934, issued to J. J. Eberhard and O. G. Sehimkatt, July 10, 1894, for an “electric cigar lighter,” — both patents being owned by the complainant. Infringement of a third patent (No. 522,727, granted to Chambers) is further charged in the bill, but no claim is made thereunder. On final hearing the bill…
1Opinion of the CourtSeaman, District Judge
The charge of infringement in this case rests mainly, if not wholly, on the Chambers patent, No. 492,913, which was granted March 7, 1893, upon an application filed November 21, 1892; and the art in question relates only to cigar lighters for the use of smokers at stands or places where cigars are sold. Aside from the use of matches, this want' has long been supplied for1 all practical purposes by the use of a minute gas jet or other constant flame, with various forms of taper or torch for lighting; and when gas was used a simple mechanism increased the flame as required, or with the aid of…
2Cases cited1 opinion
- Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
3Cited by5 opinions
- General Ry. Signal Co. v. Union Simplex Train Control Co.District Court, D. Delaware · 1938
- Hurd v. SeimU.S. Circuit Court for the District of Northern New York · 1911
- Eldred v. BreitwieserU.S. Circuit Court for the District of Western New York · 1904
- Eldred v. KirklandU.S. Circuit Court for the District of Northern New York · 1903
- Kessler v. InksCourt of Appeals for the Seventh Circuit · 1901