Legal Opinion

W. S. Tyler Co. v. Ludlow-Saylor Wire Co.

Court of Appeals for the Eighth Circuit

Decided November 18, 1918No. 5003PublishedCited by 1 opinion

Appeal from the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Suit by the W. S. Tyler Company against the Eudlow-Saylor Wire Company. From a decree dismissing the bill, plaintiff appeals. The following is the opinion of the court below: I have listened with a great deal of interest to all that was said, and have given attention to all the testimony that was offered.

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Appeal from the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Suit by the W. S. Tyler Company against the Eudlow-Saylor Wire Company. From a decree dismissing the bill, plaintiff appeals. The following is the opinion of the court below: I have listened with a great deal of interest to all that was said, and have given attention to all the testimony that was offered. I do not think that a further discussion of this matter will enable the court to do more than it is now able to do from ah the testimony in the ease. I have specially examined the…

1Opinion of the Court

AMIDON, District Judge.

[1] This suit is brought to restrain infringement of patent No. 966,599, applied for May 27, 1907, and issued August 9, 1910, for woven wire screens. The answer sets up numerous defenses. The only one to which we shall refer is want of patentable invention. The bill was dismissed, and plaintiff appeals.

The patented article is for a woven wire fabric principally used for screening ore. The screen is made of rolled, woven wire. Its meshes are oblong. The weft wires are larger, made of softer metal, and spaced farther apart, than the warp wires. By the rolling the warp…

2Cases cited9 opinions

  1. Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
  2. Potts v. CreagerSupreme Court of the United States · 1895
  3. Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
  4. Hicks v. KelseySupreme Court of the United States · 1874
  5. Edison Electric Light Co. v. United States Electric Lighting Co.Court of Appeals for the Second Circuit · 1892

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3Cited by1 opinion

  1. Insulite Co. v. Reserve Supply Co.Court of Appeals for the Eighth Circuit · 1932

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