Legal Opinion · Dissent

Hennebique Const. Co. v. Myers

Court of Appeals for the Third Circuit

Decided August 19, 1909No. 46Published

Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania.

1DissentBuffington, Circuit Judge

I cannot concur in the opinion of the court. On August 8, 1893, a French patent No. 333,546, for concrete construction, was granted to Francois Hen-nebique for 15 years. Five years later Hennebique made another and distinct invention, but of the same general character as his above original patent. Under the French law this second invention could be patented either independently or as a certificate of addition to the original patent. This latter course Hennebique followed, and on April 6, 1898, was granted a certificate of addition (numbered 3) for this new invention, to expire August 8,1907.…

2Cases cited11 opinions

  1. Bate Refrigerating Co. v. SulzbergerSupreme Court of the United States · 1895
  2. Beach v. . NixonNew York Court of Appeals · 1853
  3. Huber v. Nelson Manufacturing Co.Supreme Court of the United States · 1893
  4. Pohl v. Anchor Brewing Co.Supreme Court of the United States · 1890
  5. Henry v. Providence Tool Co.U.S. Circuit Court for the District of Rhode Island · 1878

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