Legal Opinion

United States Mineral Wool Co. v. Manville Covering Co.

U.S. Circuit Court for the District of Eastern Wisconsin

Decided April 30, 1900Published

In Equity. On demurrer to bill for multifariousness, in charging infringement of two separate patents, not alleged to be used conjointly.

1Opinion of the Court

SEAMAN, District Judge.

The bill alleges the ownership by complainant of two patents for a process of manufacturing mineral wool, — No. 447,360, issued March 3, 1891, and No. 452,733, issued May 19, 1891, — and that both are infringed by the defendant for like manufacture. The process in each is ‘‘the remelting of hardened slag in a cupola,” but the earlier patent contains two claims for

such process, — one showing as an ingredient an admixture of lime or lime-bearing stone, and the other of lime and silica or lime and silica-bearing stone, while the later patent describes the ingredient used…

2Cases cited10 opinions

  1. United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
  2. Harrison v. PereaSupreme Court of the United States · 1897
  3. Brown v. Guarantee Trust & Safe Deposit Co.Supreme Court of the United States · 1888
  4. Shields v. ThomasSupreme Court of the United States · 1856
  5. Hayes v. DaytonU.S. Circuit Court for the District of Southern New York · 1880

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