Legal Opinion

New York Belting & Packing Co. v. New Jersey Car-Spring & Rubber Co.

U.S. Circuit Court for the District of Southern New York

Decided April 13, 1887PublishedCited by 3 opinions

In Equity. On demurrer to bill for infringement of letters patent.

1Opinion of the CourtWallace, J.

It is insisted by demurrer to the bill that the patent sued upon is invalid upon its face for want of novelty. In determining the question, the court can only consider such familiar facts as fall within the category of those things of which judicial notice will be taken. The patent is for a “design for a rubber mat.” The patentee states in the description that, “in accordance with the design, the mat gives, under the light, different effects, according to the relative position of the person looking at it. If the person changes his position continuously, the effects are kaleidoscopic in…

2Cited by3 opinions

  1. Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
  2. Heaton Peninsular Button-Fastener Co. v. Schlocht-MeyerU.S. Circuit Court for the District of Southern Ohio · 1895
  3. Streat v. WhiteU.S. Circuit Court for the District of Southern New York · 1888

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