Morgan Const. Co. v. Donner Steel Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. , Suit by the Morgan Construction Company against the Donner Steel Company, Inc., for infringement of a patent. Decree for plaintiff (269 Fed. 389), and defendant appeals.
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Appeal from the District Court of the United States for the Western District of New York. , Suit by the Morgan Construction Company against the Donner Steel Company, Inc., for infringement of a patent. Decree for plaintiff (269 Fed. 389), and defendant appeals. Suit is upon patent to George, No. 863,841, dated August 20, 1907, and assigned before issue to plaintiff, a corporation of which Mr. George is, and was long before the date of patent, an important employee, if not officer. ' The invention covers a “conveyer for metal rods,” and is what is known in the art of rolling steel shapes as a…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). If this patent covers any combination or co-ordination of serrated rigid supporting bars, with serrated lifting bars, capable of elevating the thing lifted over a saw tooth in the rigid bars, and leaving that thing at any point or place in the next depression between two teeth, the decision below was right.
We are not able to accord to this invention such wide scope.. Cooling beds generically were old, the shuffle bar mechanism was well known, and the lifting, advancing, and then sinking function of a horizontal surface moved by a circularly actuated shaft…
2Cases cited4 opinions
- Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
- Office Specialty Manufacturing Co. v. Fenton Metallic Manufacturing Co.Supreme Court of the United States · 1899
- Turrill v. Michigan, S. & NIR Co.Supreme Court of the United States · 1864
- Geoghegan v. ErnstCourt of Appeals for the Second Circuit · 1919