American Electrical Novelty & Mfg. Co. v. Howard Electrical Novelty Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit for infringement of letters patent No. 520,429, for an electric battery, granted to S. H. Hoggson May 29, 1894, and No. 617,592, for an electrical hand lamp, granted to David Misell January 10, 1899. On final hearing.
1Opinion of the Court
HOLT, District Judge.
In my opinion, the decisions of Judge Coxe in the American Electrical Novelty & Manufacturing Co. v. Newgold (C. C.) 108 Fed. 957, and of the Circuit Court of Appeals in the same case on appeal (113 Fed. 877, 51 C. C. A. 501), are decisive of this case It was held in the Newgold Case that claim 3 of the Misell patent was void for lack of patentable invention, in view of the prior art. I cannot see that anything is included in claims 1, 2, and; 4 of the Misell patent which is not included in claim 3, and I think that the Hoggson patent is void for the same reason as the…
2Cases cited2 opinions
- American Electrical Novelty & Mfg. Co. v. NewgoldU.S. Circuit Court for the District of Southern New York · 1901
- American Electrical Novelty & Manufacturing Co. v. NewgoldCourt of Appeals for the Second Circuit · 1902