Korn v. Wiebusch
U.S. Circuit Court for the District of Southern New York
Plea in Equity. This is an action for the infringement of letters patent No. 247,766, granted to the complainant October 4, 1881, for an improvement in button-hole cutters. The object of the inventor was to construct a pair of button-hole scissors, with the screw-shaft and nut, which fix the definite play of the arms of the scissors, located between the arms.
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Plea in Equity. This is an action for the infringement of letters patent No. 247,766, granted to the complainant October 4, 1881, for an improvement in button-hole cutters. The object of the inventor was to construct a pair of button-hole scissors, with the screw-shaft and nut, which fix the definite play of the arms of the scissors, located between the arms. One end of the screw-shaft is firmly attached to one arm of the scissors; the other end fits into a funnel-shaped hole in the arm opposite, which'gives a support to that end of the shaft. The claim is as follows: “As an article of…
1Opinion of the CourtCoxe, J.
By setting the plea down for argument the complainant tests its sufficiency, and, in effect, demurs to it. Myers v. Dorr, 13 Blatchf, 22; Cattle v. Krementz, 25 Fed. Rep. 494; Newton v. Thayer, 17 Pick. 129; Walk. Pat. § 590; Daniell, Ch. (5th Ed.) 692; Story, Eq. Pl. (9th Ed.) § 697; Mitf. & T. Eq. Pl. 389. The issue tendered by the plea-is whether or not the defendants infringe the claim of the patent construed in connection with the specification, the file wrapper, and contents, and in the light of the prior art. This is the controversy which usually arises when the defendant denies that…
2Cases cited1 opinion
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1840
3Cited by9 opinions
- Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895
- Knox Rock-Blasting Co. v. Rairdon Stone Co.U.S. Circuit Court for the District of Southern Ohio · 1898
- Arrott v. Standard Sanitary Mfg. Co.U.S. Circuit Court for the District of Western Pennsylvania · 1902
- Chisholm v. JohnsonU.S. Circuit Court for the District of Delaware · 1898
- Thresher v. General Electric Co.U.S. Circuit Court for the District of Northern New York · 1906
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