Legal Opinion

Monitor Stove & Range Co. v. L. J. Mueller Furnace Co.

Court of Appeals for the Seventh Circuit

Decided October 1, 1918No. 2550PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Eastern District of Wisconsin. Bill by the Monitor Stove & Range Company against the U. J. Mueller Furnace Company. From a decree dismissing the bill, complainant appeals. Suit to enjoin infringement of patent No. 933,128, to Robert F. Short, for hot-air heater, and patent No. 1,133,242, to William J. Doyle and J. J. Wollenhaupt, for a furnace.

1Opinion of the Court

EVAN A. EVANS, Circuit Judge.

[1] Appellant, as assignee of patentees’ rights, charged appellee with infringing claim 1 of the Short patent, No. 933,128, and claims 1, 2, and 3 of the Doyle and Wollen-haupt patent, No. 1,133,242. The District Judge found the claims of both patents here involved to be invalid and dismissed the bill.

The Short patent, to quote from the specifications—

“relates to air-beating systems, and it bas particular reference to a heater which is depressed below the floor level; the upper surface of the heater being supported upon the floor and consisting of an open grate…

2Cited by4 opinions

  1. Paine v. St. Paul Union Stockyards Co.Court of Appeals for the Eighth Circuit · 1929
  2. Monitor Stove Co. v. Williamson Heater Co.Court of Appeals for the Sixth Circuit · 1924
  3. Williamson Heater Co. v. Monitor Stove Co.District Court, S.D. Ohio · 1922
  4. Monitor Stove Co. v. Williamson Heater Co.District Court, S.D. Ohio · 1922

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