Union Metallic Cartridge Co. v. United States Cartridge Co.
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. Letters patent of the United States, No. 27,094, were issued to Ethan Allen, February 14, 1860, for 14 years, for an “ improvement. in machine for making percussion cartridge cases.”
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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. Letters patent of the United States, No. 27,094, were issued to Ethan Allen, February 14, 1860, for 14 years, for an “ improvement. in machine for making percussion cartridge cases.” A reissue of this patent was granted, in two divisions, No. 1,948 and No. 1,949, May 9,1865, the application for the reissue having been filed April 7, 1865. The specification of No. 27,094 set forth two improvements: (1) an arrangement or mechanism to trim the open end of the case of the cap-cartridge, to make the articles all…
1Opinion of the CourtJustice Blatchford
He recited the facts as above stated, and continued:
Many questions were discussed at the hearing which we deem it unnecessary to consider, because we are of opinion that the- disclaimer made has the effect to so limit the construction of the claims of the reissue that the defendant’s machine cannot be held to infringe those claims. The opposition ;to the extension proceeded, among other things, on the ground that reissue No. 1,948 was so worded as to cover a machine having a stationary die and a movable bunter — one not within, the language or the scope of the original patent, not indicated…
2Cases cited1 opinion
- Leggett v. AverySupreme Court of the United States · 1880
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- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Shepard v. CarriganSupreme Court of the United States · 1886
- Reece Button-Hole Ma. Co. v. Globe Button-Hole Ma. Co.Court of Appeals for the First Circuit · 1894
- Roemer v. PeddieSupreme Court of the United States · 1889
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