Legal Opinion

Eby v. King

Supreme Court of the United States

Decided May 20, 1895No. 336PublishedCited by 18 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. . .This was a bill in equity to recover damages for the infringement of reissued letters patent No. 7851, granted August 21, 1877, to the plaintiff Eby, for an improvement in cob-carriers for corn-shellers.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. . .This was a bill in equity to recover damages for the infringement of reissued letters patent No. 7851, granted August 21, 1877, to the plaintiff Eby, for an improvement in cob-carriers for corn-shellers. The object of the invention was stated to be “ the production of a cob-carrier for power corn-shellers, to receive the cobs from the spout of the sheller and deliver them in any desired direction, which is adapted to be adjusted both vertically and horizontally upon its supporting-frame and .driving…

1Opinion of the Court

Mr. Justice Brown,

after stating the case, delivered the-opinion of the court.

As one of the. chief defences in this case turns upon the validity of the reissue, it becomes necessary to compare this in some detail with the original patent No. 134.790. which was granted January 14, 1873.

In this patent, figures 2, 3, and 4 of which are here given, it .is stated that b represents a disk or block, resting upon proper bearings upon the framework a, provided with a central. orifice through which pásses a shaft; that “ the inner end of the carrier-frame is pivoted to arms ee, rising from the block. b,…

2Cases cited8 opinions

  1. White v. DunbarSupreme Court of the United States · 1886
  2. Gage v. HerringSupreme Court of the United States · 1883
  3. Ives v. SargentSupreme Court of the United States · 1887
  4. Peck v. CollinsSupreme Court of the United States · 1881
  5. Moffitt v. GarrSupreme Court of the United States · 1862

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Motes v. United StatesSupreme Court of the United States · 1900
  2. McCormick Harvesting MacHine Co. v. AultmanSupreme Court of the United States · 1898
  3. Foxboro Co. v. Taylor Instrument CompaniesCourt of Appeals for the Second Circuit · 1946
  4. Mobile Shelter Systems USA, Inc. v. Grate Pallet Solutions, LLCDistrict Court, M.D. Florida · 2012
  5. Allen v. CulpSupreme Court of the United States · 1897

13 more not listed; retrieve them via the Exa API.

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