Legal Opinion

Westrumite Co. of America v. Commissioners of Lincoln Park

Court of Appeals for the Seventh Circuit

Decided October 5, 1909No. 1,569PublishedCited by 6 opinions

Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the Westrumite Company of America against the Commissioners of Rincoln Park. From a decree (164 Fed. 989) on demurrer, dismissing the bill, complainant appeals.

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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the Westrumite Company of America against the Commissioners of Rincoln Park. From a decree (164 Fed. 989) on demurrer, dismissing the bill, complainant appeals. Appellant, as owner of patent No. 752,487, February 1C, 1904, to Tan West-rum, sought to have appellee enjoined from continuing an alleged infringement.' The description and claims are as follows: “The ordinary system of sprinkling streets with water for the purpose of laying the dust has the disadvantage…

1Opinion of the CourtBaker, Circuit Judge

("after stating the facts as above). It is argued that the specification is fatally misleading', because it speaks of a soluble sprinkling liquid,” made up of water and “petroleum, petroleum residue, or other suitable mineral or tar oils rendered soluble in water by any known process.” Though “emulsion,” and not “solution,” be the correct word within the terminology of chemistry, that does not prove that persons skilled in the construction and care of roads would fail to understand that a possible, rather than an impossible, mixture was intended. Prior to the alleged invention in suit, so the…

2Cited by6 opinions

  1. L. P. Larson, Jr., Co. v. Wm. Wrigley, Jr., Co.Court of Appeals for the Seventh Circuit · 1918
  2. Uihlein v. General Electric Co.Court of Appeals for the Seventh Circuit · 1931
  3. Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
  4. Lange v. McGuinCourt of Appeals for the Seventh Circuit · 1910
  5. Bituminous Products Co. v. Headley Good Roads Co.District Court, D. Delaware · 1924

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