Legal Opinion

American Caramel Co. v. White

Court of Appeals for the Seventh Circuit

Decided October 5, 1915No. 2068PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit by the American Caramel Company against Jacob White. From a decree for defendant, complainant appeals.

1Opinion of the Court

MACK, Circuit Judge.

This is an appeal from a decree dismissing, on the ground that the claims are invalid in view of the prior art, a bill for an injunction and accounting based on the alleged infringement of letters patent No. 532,554, for a candy cutting machine, granted to Milton S. Hersliey. In American Caramel Co. v. Mills, *330149 Fed. 743, 79 C. C. A. 449 (C. C. A., 3d Circuit), a similar decree of the Circuit Court (138 Fed. 142) was reversed. The patent has expired since the commencement of the suit.

[1,2] The first claim of the patent in suit is as follows:

“1. The combination, with a…

2Cases cited4 opinions

  1. Dunlap v. SchofieldSupreme Court of the United States · 1894
  2. Railroad Supply Co. v. Hart Steel Co.Court of Appeals for the Seventh Circuit · 1915
  3. American Caramel Co. v. Thomas Mills & Bro.Court of Appeals for the Third Circuit · 1906
  4. American Caramel Co. v. Thomas Mills & Bro.U.S. Circuit Court for the District of Eastern Pennsylvania · 1905

3Cited by4 opinions

  1. Nike, Inc. v. Wal-Mart Stores, Inc. And Hawe Yue, Inc.Court of Appeals for the Federal Circuit · 1998
  2. Flat Slab Patents Co. v. TurnerCourt of Appeals for the Eighth Circuit · 1922
  3. Alvey-Ferguson Co. v. Peter Schoenhofen Brewing Co.District Court, N.D. Illinois · 1917
  4. Pomona Fruit Growers' Exch. v. SteblerCourt of Appeals for the Ninth Circuit · 1917

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