Moss v. McConway-Torley Co.
U.S. Circuit Court for the District of Western Pennsylvania
In Equity. Bill to restrain infringement of patent No. 677,363, granted July 2, 1901, on application filed August 27, 1900, and patent No. 768,268, granted April 26, 1904, on application filed November 30, 1903. On demurrer to bill.
1Opinion of the Court
ARCHBALD, District Judge.1
The bill charges the infringement of two patents and is demurred to by the defendants upon several grounds.
*129According to the acts of Congress in such case made and provided (Rev. St. §§ 4886, 4887, as amended by Act March 3, 1897, c. 391, 29 Stat. 692 [U. S. Comp. St. 1901, p. 3382]), a new and useful device, in order to be patentable, must not (section 4886) have been known or used by others in this country before the invention or discovery thereof by the applicant; nor patented or described in any printed publication in this or any foreign country before such…
2Cases cited2 opinions
- Ball & Socket Fastener Co. v. KraetzerSupreme Court of the United States · 1893
- Elliott & Hatch Book-Typewriter Co. v. Fisher Typewriter Co.U.S. Circuit Court for the District of Southern New York · 1901
3Cited by5 opinions
- Maxwell Steel Vault Co. v. National Casket Co.District Court, N.D. New York · 1913
- Schaum & Uhlinger, Inc. v. Copley-Plaza Operating Co.District Court, D. Massachusetts · 1917
- General Bakelite Co. v. NikolasDistrict Court, E.D. New York · 1913
- Moeller v. Scranton Glass Instrument Co.District Court, M.D. Pennsylvania · 1926
- Victor Talking Mach. Co. v. Leeds & Catlin Co.U.S. Circuit Court for the District of Northern New York · 1908