Bayley & Sons, Inc. v. Standart Art Glass Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of Mew York. Bill by Bayley & Sons, Incorporated, against the Standart Art Glass Company and another. Erom a decree for complainant, defendants appeal.
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Appeal from the District Court of the United States for the Southern District of Mew York. Bill by Bayley & Sons, Incorporated, against the Standart Art Glass Company and another. Erom a decree for complainant, defendants appeal. The action is upon design patent 49,593, applied for March 25, and issued September 5, 1916. The specification is for an “ornamental electric lighting fixture,” comprising a “bell-shaped canopy having a straight lower edge,” below which is suspended in close proximity “a hemispherical bowl having a straight upper edge.” The claim is for the fixture “substantially as…
1Opinion of the CourtHough, Circuit Judge
(after stating the -facts as above). Error is alleged in that the patent in suit was not held anticipated by the earlier grant to the same patentee for a mechanical improvement.
[1] If the same man at the same time devises a container of pleasing design and a mechanical contrivance conveniently united with the aesthetic covering, he has made two inventions; and, though he patents one, that is no reason why within the statutory two years he may not patent the other. Such act would not be necessarily a case of double patenting, which is always unlawful. The question is unaffected by the accident…
2Cases cited7 opinions
- Dobson v. DornanSupreme Court of the United States · 1886
- Strause Gas Iron Co. v. William M. Crane Co.Court of Appeals for the Second Circuit · 1916
- R. E. Dietz Co. v. Burr & Starkweather Co.Court of Appeals for the Second Circuit · 1917
- Williams Calk Co. v. Neverslip Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1905
- Baldwin Co. v. R. S. Howard Co.District Court, S.D. New York · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- H. C. White Co. v. Morton E. Converse & Son Co.Court of Appeals for the Second Circuit · 1927
- Hartford-Empire Co. v. Obear-Nester Glass Co.Court of Appeals for the Eighth Circuit · 1934
- In Re HargravesCourt of Customs and Patent Appeals · 1931
- Hopkins v. Waco Products, Inc. Alan's Sales Engineers v. HopkinsCourt of Appeals for the Seventh Circuit · 1953
- Circle S Products Co. v. Powell Products, Inc.Court of Appeals for the Seventh Circuit · 1949
11 more not listed; retrieve them via the Exa API.