Ecaubert v. Appleton
Court of Appeals for the Second Circuit
Appeal from tlie Circuit Court of the United States for the Eastern District of New York. This was a suit in equity by Daniel Fuller Appleton and others against Frederic Ecaubert, under Rev. St. § 4918, to procure the cancellation of patent No. 434,539, granted to defendant August 19, 1890, for a method of ornamenting watch-case centers and other like articles.
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Appeal from tlie Circuit Court of the United States for the Eastern District of New York. This was a suit in equity by Daniel Fuller Appleton and others against Frederic Ecaubert, under Rev. St. § 4918, to procure the cancellation of patent No. 434,539, granted to defendant August 19, 1890, for a method of ornamenting watch-case centers and other like articles. Defendant filed a cross hill to procure the cancellation of the patent upon which complainants based their rights, being No. 435,235, issued September 2, 1890, to Adolph W. .Hofmann. The circuit court found that Hofmann was the…
1Opinion of the Court
SHIPMAN, Circuit Judge.
On December 31, 1887, Adolph W. Hofmann, assignor to Robbins & Appleton, the complainants, filed in the patent office his application for a patent for an improved *919method of ornamenting watch-case centers, and other like articles. The state of this particular art of ornamentation which needed improvement is plainly described in the specification of the interfering patent to the defendant, Frederic Ecaubert, as follows:
“Wateh-easo centers have been ornamented with regular patterns,—such, for instance, as straight, transverse ribs or diagonal ribs, known as ‘rope knurls or…
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