Legal Opinion

Standard Scale & Supply Co. v. Cropp Concrete Machinery Co.

Court of Appeals for the Seventh Circuit

Decided January 7, 1919No. Nos. 2526, 2527PublishedCited by 4 opinions

Appeals from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Proceedings between the Standard Scale & Supply Company and the Cropp Concrete Machinery Company and Andrew J. Cropp concerning patent rights. There was a decree in favor of the former as to one claim, and in favor of the latter as to other claims, and they both appeal.

1Opinion of the Court

BAKER, Circuit Judge.

Cropp Company and Cropp obtained a decree that claims 1, 2, 3, 4, 7, 12, 13, 14, and 16 of patent No. 947,196, January 18, 1910, to the company as assignee of Cropp, for a concrete mixer, were valid and infringed by the Standard Company’s machine. No. 2526 is the Standard Company’s appeal from that finding. In the same suit a complaint based on claim 9 was dismissed on the ground of noninfringement, and the appeal in No. 2527 assails that ruling.

Claim 9, which relates to the charging means, reads as follows:

“9. The rotary mixing receptacle Raving at its receiving end a…

2Cases cited1 opinion

  1. Reed v. Cropp Concrete Machinery Co.Court of Appeals for the Seventh Circuit · 1916

3Cited by4 opinions

  1. Hartford-Empire Co. v. Hazel-Atlas Glass Co.Court of Appeals for the Third Circuit · 1932
  2. Texas Co. v. Globe Oil & Refining Co.District Court, N.D. Illinois · 1953
  3. Reed v. Ransome Concrete Machinery Co.Court of Appeals for the Third Circuit · 1924
  4. Hartford-Empire Co. v. Hazel-Atlas Glass Co.Court of Appeals for the Third Circuit · 1932

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