Legal Opinion
Mojonnier Bros. Co., Inc., a Corporation v. Tolan MacHinery Co., Inc., a Corporation
Court of Appeals for the Third Circuit
Decided April 18, 1956No. 07-1652PublishedCited by 10 opinions
1Opinion of the Court
HASTIE, Circuit Judge.
The matter in dispute on this appeal is the validity of claims 5 through 12 of Mojonnier Patent No. 2,169,054 and all five claims of Mojonnier Patent No. 2,-179,949. The District Court found all these claims invalid for lack of invention, reasoning that no more had been done than mechanically to devise a new apparatus by uniting old elements which functioned in combination essentially as they had separately. D.C.N.J.1955, 129 F.Supp. 731.
In holding that such combination is not invention, the court relied upon criteria stated by this court after an analysis of the cases…
2Cases cited3 opinions
- Lincoln Engineering Co. v. Stewart-Warner Corp.Supreme Court of the United States · 1938
- Packwood v. Briggs & Stratton Corp.Court of Appeals for the Third Circuit · 1952
- Mojonnier Bros. v. Tolan Machinery Co.District Court, D. New Jersey · 1955
3Cited by10 opinions
- R. M. Palmer Company v. Luden's, Inc.Court of Appeals for the Third Circuit · 1956
- Baldwin-Lima-Hamilton Corp. v. Tatnall Measuring Systems Co.District Court, E.D. Pennsylvania · 1958
- Alco Kar Kurb, Inc. v. Victor L. Ager, Doing Business as Totowa Concrete Block Company and Two Guys From Harrison, Totowa, IncCourt of Appeals for the Third Circuit · 1961
- Gladys Laycock v. Frank J. KenneyCourt of Appeals for the Ninth Circuit · 1959
- John S. Nachtman v. Jones & Laughlin Steel CorporationCourt of Appeals for the Third Circuit · 1956
5 more not listed; retrieve them via the Exa API.