Mast, Foos & Co. v. Dempster Mill Manuf'g Co.
Court of Appeals for the Eighth Circuit
Appeal from tlie Circuit Court of tlie United States for the District of Nebraska. This is an appeal from a decree which dismissed a bill brought by Mast, Foos & Co., a corporation, for the infringement by the appellee, the Demp-ster Mill Manufacturing Company, a corporation, of letters patent No. 433.531. issued on August 5, 1800, to the appellant, as the assignee of Samuel W. Martin, for improvements in windmills. 71 Fed. 701. Here are copies of the drawings and…
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Appeal from tlie Circuit Court of tlie United States for the District of Nebraska. This is an appeal from a decree which dismissed a bill brought by Mast, Foos & Co., a corporation, for the infringement by the appellee, the Demp-ster Mill Manufacturing Company, a corporation, of letters patent No. 433.531. issued on August 5, 1800, to the appellant, as the assignee of Samuel W. Martin, for improvements in windmills. 71 Fed. 701. Here are copies of the drawings and specification of this patent: “(No Model.) . S. W. Martin. “Windmill. “No. 433,531. Patented Aug. 5, 1800. “United States Patent…
1Opinion of the CourtSanborn, Circuit Judge
The court below dismissed the bill in this case on the ground that the statement contained in the letters patent upon which this suit is based, that “the invention is in practical operation, and on the market in considerable numbers, and the facts here stated with regard to its operation are such as have been ascertained from commercial experience with it,” proved that the appellant had abandoned the invention. The acts of congress provide that one who has invented and discovered a new and useful improvement, “not in public use or on sale for more than two years prior to his application…
2Cases cited17 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- Potts v. CreagerSupreme Court of the United States · 1895
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
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3Cited by30 opinions
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- Ide v. Trorlicht, Duncker & Renard Carpet Co.Court of Appeals for the Eighth Circuit · 1902
- Remington Cash Register Co. v. National Cash Register Co.District Court, D. Connecticut · 1925
- A. Schrader's Sons v. Wein Sales CorporationCourt of Appeals for the Second Circuit · 1925
- National Tube Co. v. MarkCourt of Appeals for the Sixth Circuit · 1914
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