Legal Opinion

Appleton v. Ecaubert

U.S. Circuit Court for the District of Eastern New York

Decided April 19, 1894PublishedCited by 1 opinion

This was a suit by Daniel Fuller Appleton and others against Frederic Eeaubert for cancellation of a patent. On the 31st day of December, 1SS7, Adolph W. Hofmann, the assignor of Appleton et al., filed in the United States patent office an application for a patent for an improved method of ornamenting watch-case centers and other like articles, which application was, on the 11th day of January, 1889, put in interference with an application of Frederic Eeaubert, filed…

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This was a suit by Daniel Fuller Appleton and others against Frederic Eeaubert for cancellation of a patent. On the 31st day of December, 1SS7, Adolph W. Hofmann, the assignor of Appleton et al., filed in the United States patent office an application for a patent for an improved method of ornamenting watch-case centers and other like articles, which application was, on the 11th day of January, 1889, put in interference with an application of Frederic Eeaubert, filed February 13, 1888, for a similar invention. Testimony was taken at large in the interference, and on the 2d day of August,…

1Opinion of the Court

COXE, District Judge.

The question presented by this controversy is whether Frederic Ecaubort or Adolph W. Hofmann was the first to invent and perfect a method of ornamenting the peripheries of wajch-case centers by holding' the surface of an embossing die in contact with, the surface to be ornamented, imparting a reciprocating motion to one of said surfaces, and at the same time movinglaterally the point of contact of the die with the surface being ornamented. This question was argued, upon substantially the same facts, before Commissioner Mitchell, on an appeal from "the examiners in chief,…

2Cases cited7 opinions

  1. Morgan v. DanielsSupreme Court of the United States · 1894
  2. Butterworth v. United States Ex Rel. HoeSupreme Court of the United States · 1884
  3. Shuter v. DavisU.S. Circuit Court for the District of Southern New York · 1883
  4. In re BarberU.S. Circuit Court for the District of Minnesota · 1889
  5. Wire Book Sewing Machine Co. v. StevensonDistrict Court, E.D. Pennsylvania · 1882

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Naponiello v. United StatesCourt of Appeals for the Seventh Circuit · 1923

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