Northwestern Stove Repair Co. v. Lee
Court of Appeals for the Seventh Circuit
Appeal from tbe Circuit Court of tbe United States for tbe Northern District of Illinois. " Bill by Fred E. Lee and William G. Howard against tbe Northwestern Stove Repair Company and others to restrain alleged'infringement of a patent. Decree for complainants. 50 Fed. Rep. 202. Defendants appeal.
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Appeal from tbe Circuit Court of tbe United States for tbe Northern District of Illinois. " Bill by Fred E. Lee and William G. Howard against tbe Northwestern Stove Repair Company and others to restrain alleged'infringement of a patent. Decree for complainants. 50 Fed. Rep. 202. Defendants appeal. Statement by WOODS, Circuit Judge: The appellees, as executors of the will of Philo D. Beckwith, sued the 'ap, pellants for infringement of letters patent No. 289,S02, dated December 11, 18S3, and for an accounting. The specification, claims, and drawings of the patent are as follows: “Be it known…
1Opinion of the Court
WOODS, Circuit; Judge,
(after making the foregoing statement.) “My present invention,” says the patentee, “consists i-ft the arrangement of a basket, a shaking grate, and the means applied for supporting the parts within Ihe lire pot of the stove; also, in the construction of the parts that enable me to use a coal basket cast integral, one that may he readily inserted or taken out through the stove door.” But it will be observed that no one of the claims is so worded as to cover the arrangement of parts specified, and if invention exists, within the claims, it must he found either in the…
2Cited by1 opinion
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