General Electric Co. v. Continental Fibre Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by the General Electric Company against the Continental Fibre Company for infringement of patent. Decree for defendant, and complainant appeals. Action is upon claims 1, 2, 3, 5, and 6 of patent to Miller dated May 13, 1913, No. 1,001,770. The subject-matter of the patent is a “gear wheel.”
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Appeal from the District Court of the United States for the Southern District of New York. Suit by the General Electric Company against the Continental Fibre Company for infringement of patent. Decree for defendant, and complainant appeals. Action is upon claims 1, 2, 3, 5, and 6 of patent to Miller dated May 13, 1913, No. 1,001,770. The subject-matter of the patent is a “gear wheel.” Claim 3 is as follows: “A gear composed of compressed spinnablo textile fibers and means for holding said material in compressed state.” This claim is typical of all those in suit except No. 6, which is as…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). In this court some measure of invention in Miller’s patent is no longer denied. Nor is it doubted that a cotton-rag gear wheel was made and used in August, 1908, as above set forth.
It is contended:(1) That a claim for á gear of “spinnable textile fibers,” if construed to cover one made of cotton duck, is invalid; because there were *663two years of public use prior to the application of June 27, 1911, o'f Miller’s original cotton gear which was composed of a “textile fabric.”- — a phrase plainly covering cotton cluck.(2) Even if Miller’s date of invention be.…
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