Computing Scale Co. v. Standard Computing Scale Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. , ' , Suit in equity by the Computing Scale Company against the Standard Computing'" Scale Company, Limited. Decree for defendant, and complainant appeals.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. , ' , Suit in equity by the Computing Scale Company against the Standard Computing'" Scale Company, Limited. Decree for defendant, and complainant appeals. Suit on patent, No. 728,577, issued May 19, 1903, to the Computing Scale Company, as assignee of Jacob Ilotsapillar, upon his application filed April 14, Í892Í The, case came on for final hearing before the Circuit Court, upon complainant's evidence, comprising only the patent, the defendant’s strut--. ture and the record of a Patent Office…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). The question which defendant pleaded as one of utility and argues as one of operativeness seems also to be one of reduction to practice. It is clear on this record that the only structure ever built by Hotsapillar himself was a model which did not give to one skilled in the art any instructions or suggestions beyond those contained in the specification and drawings. The question is, therefore, of that constructive reduction to practice by filing of the specification and drawings which the established rule makes the equivalent of the actual building of a…
2Cases cited6 opinions
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- Morgan v. DanielsSupreme Court of the United States · 1894
- Standard Cartridge Co. v. Peters Cartridge Co.Court of Appeals for the Sixth Circuit · 1896
- Pickham v. Wheeler-Bliss Manuf'g Co.Court of Appeals for the Seventh Circuit · 1897
- Butler v. City of KingstonDistrict Court, D. Washington · 1896
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3Cited by17 opinions
- Remington Cash Register Co. v. National Cash Register Co.District Court, D. Connecticut · 1925
- Field v. Knowles. Field v. KnowlesCourt of Customs and Patent Appeals · 1950
- Gordon Form Lathe Co. v. Walcott MacH. Co.Court of Appeals for the Sixth Circuit · 1929
- Lemley v. Dobson-Evans Co.Court of Appeals for the Sixth Circuit · 1917
- Republic Iron & Steel Co. v. Youngstown Sheet & Tube Co.Court of Appeals for the Sixth Circuit · 1921
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