P. H. Murphy Manuf'g Co. v. Excelsior Car-Roof Co.
Court of Appeals for the Eighth Circuit
Appeal irom the Circuit Court of the United States for the Eastern District of Missouri. This is an appeal from a decree which dismissed- a bill brought by the appellant, the P. H. Murphy Manufacturing Company, against the appellee, the Excelsior Car-Roof Company, for the infringement of letters patent No. 414,069, issued to Peter H. Murphy on October 29,1889, for an improvement in car roofs.
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Appeal irom the Circuit Court of the United States for the Eastern District of Missouri. This is an appeal from a decree which dismissed- a bill brought by the appellant, the P. H. Murphy Manufacturing Company, against the appellee, the Excelsior Car-Roof Company, for the infringement of letters patent No. 414,069, issued to Peter H. Murphy on October 29,1889, for an improvement in car roofs. The court below dismissed the bill on the grounds that there was no patentable invention and no novelty in any of the combinations claimed in the patent to Murphy, and that none of them had been…
1Opinion of the CourtSanborn, Circuit Judge
The bill in this case charges an infringement of the five claims of letters patent No. 414,0(59, issued to Peter II. Murphy on August 3, 1889, for an improvement in car roofs. The roofs which the appellee made and sold, and which, the bill charges, infringe the claims of this patent, were constructed in accordance with the specification which forms a part of letters patent No. 446,780, issued to Curtis M. Jennings on February 17, 1891, for an improvement in similar roofs. The object which each of these patentees sought to attain was the construction from sheets of metal of a covering for a…
2Cases cited9 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Hailes v. Van WormerSupreme Court of the United States · 1874
- McCormick v. TalcottSupreme Court of the United States · 1858
- Gould v. ReesSupreme Court of the United States · 1872
- Bragg v. FitchSupreme Court of the United States · 1887
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- St. Louis Corset Co. v. Williamson Corset & Brace Co.U.S. Circuit Court for the District of Eastern Missouri · 1897