Matheson v. Campbell
Court of Appeals for the Second Circuit
This is an appeal from a decree of the circuit • ■ outhern district of Yew York sustaining the validity of Uniter,, , ri.es letters patent Yo. 345,901, dated July 20, 1886, to Hoffman A We’nberg, assignors to Leopold, Oasella <& Go., for “naphthol-black color compound,” and finding infringement thereof by the appellant, John Campbell.
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This is an appeal from a decree of the circuit • ■ outhern district of Yew York sustaining the validity of Uniter,, , ri.es letters patent Yo. 345,901, dated July 20, 1886, to Hoffman A We’nberg, assignors to Leopold, Oasella <& Go., for “naphthol-black color compound,” and finding infringement thereof by the appellant, John Campbell. A most exhaustive discussion of the many points raised in the case will he found in the opinions of the circuit court on the trial and upon a rehearing. They are reported in 69 Fed. 597, and 77 Fed. 280. The patent reads as follows, the paragraphs being here…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). The patent, after the brief statement of invention in paragraph 2, sets forth, in paragraph 3, what has been aptly called a “general description” of the process to. be followed in order to obtain the product sought to be patented, .and, in paragraph 4, gives a specific description “as an example” of the process of carrying out the manufacture of the product when certain starting ingredients named therein are used. This paragraph has been aptly called the “special process.”
To the validity of the patent, it is objected that the specification fails to disclose a…
2Cases cited1 opinion
- Cochrane v. Badische Anilin & Soda FabrikSupreme Court of the United States · 1884
3Cited by37 opinions
- Holland Furniture Co. v. Perkins Glue Co.Supreme Court of the United States · 1928
- Parke-Davis & Co. v. H. K. Mulford Co.U.S. Circuit Court for the District of Southern New York · 1911
- A. B. Dick Co. v. BarnettCourt of Appeals for the Second Circuit · 1923
- Libbey-Owens-Ford Glass Co. v. Celanese Corp. of AmericaCourt of Appeals for the Sixth Circuit · 1943
- International Nickel Company v. Ford Motor CompanyDistrict Court, S.D. New York · 1958
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