Jost v. Borden Stove Co.
District Court, E.D. Pennsylvania
In Equity. Suit by Estelle C. Jost, administratrix of John Frederick W. Jost, against the Borden Stove Company. On motion to dismiss the bill.
1Opinion of the Court
DICKINSON, District Judge.
Whenever two things, however essentially different, come (as is often the case) to be the same in results, all thought of difference is likely to be dropped, and the differences ignored.
[1-3] The present motion is based upon such suppression of the thought of a difference between letters patent which have been granted and the right to the patent or its validity. The difference is, of course, obvious. No one has the right to a patent without bringing himself *164within all the conditions set forth in R. S. §§ 4886 and 4887 (Comp. St. §§ 9430, 9431). Without the patent he…
2Cases cited5 opinions
- McCoy v. NelsonSupreme Court of the United States · 1887
- Bayley & Sons, Inc. v. Braunstein Bros.District Court, S.D. New York · 1916
- Pittsburgh Water Heater Co. v. Beler Water Heater Co.District Court, W.D. Pennsylvania · 1915
- Schaum & Uhlinger, Inc. v. Copley-Plaza Operating Co.District Court, D. Massachusetts · 1917
- Fichtel v. BarthelU.S. Circuit Court for the District of Southern New York · 1909
3Cited by4 opinions
- Mumm v. Jacob E. Decker & SonsSupreme Court of the United States · 1937
- Aluminum Die-Casting Corp. v. Allied Die-Casting Corp.District Court, E.D. New York · 1924
- Central Hanover Bank & Trust Co. v. SetlowDistrict Court, D. Connecticut · 1932
- McCullough Egg Equipment Co. v. Poultry Producers of Central CaliforniaDistrict Court, N.D. California · 1931