Legal Opinion

Havens v. W. R. Ostrander & Co.

U.S. Circuit Court for the District of Southern New York

Decided May 31, 1911Published

In Equity. Suit by Morton Havens and another against W- R? Ostrander & Co. On demurrer to bill.

1Opinion of the Court

LACOMBE, Circuit Judge.

The .patent sued upon is No. 39,767, for a design for branch box for insulated electric wires issued January 12, 1909. The specification states that:

“This flesign for branch boxes comprises an elongated body having a closure on one side constituting a continuation of the lines of the body and having nipples projecting from each end of the body. The bottom of the body i's curved, and all parts of the device are joined by gradual curves so as to produce an ornamental effect.”

The accompanying drawing has two figures giving perspective views of'the box.

[1] The first ground…

2Cases cited3 opinions

  1. Williams Calk Co. v. KemmererCourt of Appeals for the Third Circuit · 1906
  2. Bradley v. EcclesCourt of Appeals for the Second Circuit · 1903
  3. Stillwell v. McPhersonCourt of Appeals for the Second Circuit · 1910

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