McKay-Copeland Lasting Mach. Co. v. Copeland Rapid-Laster Manuf'g Co.
U.S. Circuit Court for the District of Maine
This was a suit in equity by the McKay-Copeland Lasting Machine Company against the Copeland Rapid-Laster Manufacturing Company for alleged infringement of letters patent No. 243,917, issued July 15, 1881, .to R. H. Hurlbut and C. E. Kennard for a. machine for flanging the counters of boots and shoes.
1Opinion of the Court
PUTNAM, Circuit Judge.
The contest in this case is over the first and third claims of the patent in issue. The third claim differs from the first claim only in adding an element, which contributes no more to .the novelty of the combination than would the floor or block on which the machine covering the patent in controversy rests. The thM claim is, therefore, surplusage and void. :So. we confine oürselves'to the first. . ¡
In order that we may make clear the reasons for our disposition of .this cause; it is necessary to explain the patent in issue,- and *307its history, somewhat at length. It was…
2Cases cited7 opinions
- Potts v. CreagerSupreme Court of the United States · 1895
- Western Electric Co. v. LaRueSupreme Court of the United States · 1891
- National Cash Register Co. v. Boston Cash Indicator & Recorder Co.Supreme Court of the United States · 1895
- Watson v. StevensCourt of Appeals for the First Circuit · 1892
- Packard v. Lacing Stud Co.Court of Appeals for the First Circuit · 1895
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3Cited by2 opinions
- United States Peg-Wood, Shank & Leather Board Co. v. B. F. Sturtevant Co.Court of Appeals for the First Circuit · 1903
- J. H. Day Co. v. Mountain City Mill Co.Court of Appeals for the Sixth Circuit · 1920