Neill v. Kinney
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Suit in equity by Thomas A. Neill and Lee C. Moore & Co. against Frank Kinney. Decree for defendant, and complainants appeal.
1Opinion of the Court
WOOLLEY, Circuit Judge.
This is an action for infringement of Letters Patent No. 933,386, for an oil well derrick. Claim 1, being the only claim in issue, was held invalid by the District Court for want of patentable invention. The case comes before us on this single issue, infringement being found if the patent is valid. The claim fairly describes the invention, and is for a combination containing the elements we have numbered. It is as follows:
“1. A metal oil well derrick or tower, comprising (1) tubular leg sections, (2) clamping sockets uniting the ends of adjacent leg sections and (3)…
2Cases cited5 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Carnegie Steel Co. v. Cambria Iron Co.Supreme Court of the United States · 1902
- Minerals Separation, Ltd. v. HydeSupreme Court of the United States · 1916
3Cited by6 opinions
- Low v. McMasterCourt of Appeals for the Third Circuit · 1920
- Sodemann Heat & Power Co. v. KauffmanCourt of Appeals for the Eighth Circuit · 1921
- Globe Knitting Works v. SegalCourt of Appeals for the Third Circuit · 1917
- Robert v. KrementzCourt of Appeals for the Third Circuit · 1917
- Kasser Egg Process Co. v. Poultry Producers of Central CaliforniaCourt of Appeals for the Ninth Circuit · 1931
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