Baltzley v. Spengler Loomis Mfg. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by Douis E. Baltzley, as trustee, and the Cushman & Denison Manufacturing Company, against the Spengler Boomis Manufacturing Company and the Automatic Pencil Sharpener Company. Decree for defendants, and complainants appeal. Action is upon claims 3, 7,12, and 14 of patent 1,139,627, May 18, 191S, to L. E. Baltzley for a “paper binding clip.”
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Appeal from the District Court of the United States for the Southern District of New York. Suit by Douis E. Baltzley, as trustee, and the Cushman & Denison Manufacturing Company, against the Spengler Boomis Manufacturing Company and the Automatic Pencil Sharpener Company. Decree for defendants, and complainants appeal. Action is upon claims 3, 7,12, and 14 of patent 1,139,627, May 18, 191S, to L. E. Baltzley for a “paper binding clip.” This generieally means a mechanical device, which, usually by spring action, controlled by finger strength, serves to temporarily keep together without tearing…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] In addition to the mechanical concept above set forth, the patentee had a secondary idea described in the specification and covered by claims not in suit. If the spring handles are moved on their journaled ends, with nothing but friction retarding motion, they may become loose like the bail of a bucket similarly journaled (see Weber, 550, 429).
To prevent this, Baltzley so inclined the edges of his tubular rolls touching the spring handles as to produce a camming effect, which (cammed surface co-operating with spring handle) produced a snap action,…
2Cases cited6 opinions
- Spalding v. John WanamakerCourt of Appeals for the Second Circuit · 1919
- Miehle Printing Press & Mfg. Co. v. Whitlock Printing Press & Mfg. Co.Court of Appeals for the Second Circuit · 1915
- Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
- Hubbard v. Manhattan Trust Co.Court of Appeals for the Second Circuit · 1898
- Goodwin Film & Camera Co. v. Eastman Kodak Co.District Court, W.D. New York · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Smith v. SnowSupreme Court of the United States · 1935
- Dwight & Lloyd Sintering Co. v. GreenawaltCourt of Appeals for the Second Circuit · 1928
- Remington Cash Register Co. v. National Cash Register Co.District Court, D. Connecticut · 1925
- Catalin Corporation of America v. Catalazuli Mfg. Co.Court of Appeals for the Second Circuit · 1935
- Pangborn Corp. v. W. W. Sly Mfg. Co.Court of Appeals for the Fourth Circuit · 1922
15 more not listed; retrieve them via the Exa API.