Morgan Gardner Electric Co. v. Buettner & Shelburne Mach. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit in equity by the Morgan Gardner Electric Company against the Buettner & Shelburne Machine Company. Decree for defendant, and complainant ajipeals.
Read the full summary
Appeal from the Circuit Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit in equity by the Morgan Gardner Electric Company against the Buettner & Shelburne Machine Company. Decree for defendant, and complainant ajipeals. One Edward P. Rauscher made application to the Patent Office for a patent for improvements in coal-mining machines, which application was filed April 23, 1896, and numbered 588,747. Of the six claims asked for, all were rejected by the examiner. Applicant thereupon amended his application, by canceling the six claims and substituting two…
1Opinion of the CourtKohesaat, Circuit Judge
(after stating the facts as above). [1J So far as the record shows, appellee never manufactured a complete mining machine of any kind, nor had it ever manufactured or sold a complete protective device, with the exception of one sale, and that sale was procured by complainant. It nowhere in the record appears that the device so sold was intended for use in connection with an infringing machine. On the contrary, it appears that defendant never sold the sleeve or collar, except in the one instance when complainant caused it to be ordered through said Hart Williams Coal Company, and then the same…
2Cases cited1 opinion
- Wagner Typewriter Co. v. F. S. Webster Co.U.S. Circuit Court for the District of Southern New York · 1906
3Cited by4 opinions
- Connecticut Telephone & Electric Co. v. Automotive Equipment Co.District Court, D. New Jersey · 1926
- F. F. Slocomb & Co. v. A. C. Layman Mach. Co.District Court, D. Delaware · 1915
- Bassick Mfg. Co. v. Ready Auto Supply Co.District Court, E.D. New York · 1927
- Bassick Mfg. Co. v. Larkin Automotive Parts Co.District Court, N.D. Illinois · 1926