Butte & Superior Mining Co. v. Minerals Separation, Ltd.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Montana. Suit by the Minerals Separation, Limited, and others, against the Butte & Superior Mining Company. From a decree for complainants (245 Fed. 577), defendant appeals.
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Appeal from the District Court of the United States for the District of Montana. Suit by the Minerals Separation, Limited, and others, against the Butte & Superior Mining Company. From a decree for complainants (245 Fed. 577), defendant appeals. This is an appeal from the decree of the United States District Court foi the district of Montana, sustáining letters patent No. 835,120, issued to Sul-man, Picard and Ballot on November 6, 3906, for a process of ore concentration, and adjudging the appellant herein to have infringed the same. The appellees, two British corporations and one domestic…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). Notwithstanding the strenuous contentions on “both sides of this litigation, and the very eláborate preparations and able arguments of many distin*243guished counsel, we can but regard the case as a very plain one. To start with, the law is too well established, to require discussion or the citation of authorities, that the patentee’s rights under a patent are governed and limited by its valid claims — its specifications being referred to only as illustrative of the true meaning of the claims. It is equally well settled law that the mere result of an invention…
2Cases cited3 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Minerals Separation, Ltd. v. HydeSupreme Court of the United States · 1916
- Hyde v. Minerals Separation, Ltd.Court of Appeals for the Ninth Circuit · 1914
3Cited by4 opinions
- Metals Recovery Co. v. Anaconda Copper Min. Co.Court of Appeals for the Ninth Circuit · 1929
- Wolf Mineral Process Corp. v. Mineral Separation North American Corp.District Court, D. Maryland · 1925
- Rosemary Mfg. Co. v. Halifax Cotton Mills, Inc.Court of Appeals for the Fourth Circuit · 1923
- Davis v. MoseSupreme Court of Oklahoma · 1925