Homer Brooke Grass Co. v. Hartford-Fairmont Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the District of Connecticut. Suit by the Homer Brooke Glass Company and the Owens Bottle Machine Company against the Hartford-Fairmont Company. Decree for defendant, and complainants appeal. Action is upon claims 3, 4, and 5 of patent 723,983, issued March 31, 1903, to Homer Brooke, and duly conveyed to the first-named plaintiff.
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Appeal from the District Court of the United States for the District of Connecticut. Suit by the Homer Brooke Glass Company and the Owens Bottle Machine Company against the Hartford-Fairmont Company. Decree for defendant, and complainants appeal. Action is upon claims 3, 4, and 5 of patent 723,983, issued March 31, 1903, to Homer Brooke, and duly conveyed to the first-named plaintiff. The claims m. suit (together with Nos. 1 and 6) have been recent ly sustained in an opinion which renders reference to the prior art and detailed description of the subject-matter unnecessary. Schram, etc., Co.…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The Schram Case, supra, holds the claims in suit valid for a mechanical device, and denies that what Brooke patented is in truth a method. We agree with this, and plaintiffs must therefore prove that the alleged infringing machine, not only produces the same results as does the device of Brooke, but that its operation, when in use, is substantially the same. Davis v. Perry, 120 Fed. 945, 57 C. C. A. 231.
It is not suggested that defendant has copied the various mechanical components of the device disclosed in plaintiff’s specification, and the record is…
2Cases cited12 opinions
- Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
- Epps v. United Box Board & Paper Co.Court of Appeals for the Second Circuit · 1906
- Fowler & Wolfe Mfg. Co. v. McCrum-Howell Co.Court of Appeals for the Second Circuit · 1914
- Outlook Envelope Co. v. General Paper Goods Mfg. Co.Court of Appeals for the Second Circuit · 1917
- Westinghouse Air Brake Co. v. New York Air Brake Co.Court of Appeals for the Second Circuit · 1902
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3Cited by7 opinions
- Hartford-Empire Co. v. Hazel-Atlas Glass Co.Court of Appeals for the Third Circuit · 1932
- Lakewood Engineering Co. v. SteinCourt of Appeals for the Sixth Circuit · 1925
- Kaumagraph Co. v. Superior Trade Mark Mfg. Co.Court of Appeals for the Second Circuit · 1934
- Carnes Artificial Limb Co. v. Dilworth Arm Co.District Court, D. Connecticut · 1921
- Claude Neon Lights, Inc. v. E. Machlett & SonDistrict Court, E.D. New York · 1929
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