Legal Opinion

Bettendorf Patents Co. v. J. R. Little Metal Wheel Co.

Court of Appeals for the Seventh Circuit

Decided April 14, 1903No. 937PublishedCited by 3 opinions

Appeal from the Circuit Court of the United States for the Southern District of Illinois. ■ Appellant failed in its suit to bold appellee for infringement of letters patent No. 550,815, December 3, 1895, to W. P. and J. W. Bettendorf.

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Appeal from the Circuit Court of the United States for the Southern District of Illinois. ■ Appellant failed in its suit to bold appellee for infringement of letters patent No. 550,815, December 3, 1895, to W. P. and J. W. Bettendorf. Tbe first and second claims of the patent are as follows: “(1) Tbe improvement in tbe art of securing metal spokes to metal bubs, wbicb consists in introducing tbe end of each spoke into a seamless or undivided socket integral with tbe hub, and then applying to tbe bub external pressure sufficient to compress and reduce tbe socket tightly around tbe spokes. “(2)…

1Opinion of the CourtBaker, Circuit Judge

Appellant rests its case upon the second claim.

Appellee presents, among others, the following contentions: .That the first claim, on reference to the prior art, is void for want of invention; that the second claim, being for the same process as the first, except in the unspecified amount of further pressure to be applied, is therefore void also; and that the method of each claim is unpatentable, because it simply calls for the operation or function of a machine.

To pass upon these is unnecessary, for we believe that, whether the patent was inadvertently issued or the rejection was deliberately…

2Cases cited7 opinions

  1. Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
  2. Potts v. CreagerSupreme Court of the United States · 1895
  3. Lovell Manufacturing Co. v. CarySupreme Court of the United States · 1893
  4. Clark Thread Co. v. Willimantic Linen Co.Supreme Court of the United States · 1891
  5. Brooks v. SacksCourt of Appeals for the First Circuit · 1897

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Weir Frog Co. v. PorterCourt of Appeals for the Sixth Circuit · 1913
  2. Vidal v. KenslerMontana Supreme Court · 1935
  3. Clark v. Harmon S. Palmer Hollow Concrete Bldg. Block Co.Court of Appeals for the Seventh Circuit · 1906

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