E. E. Johnson Co. v. Grinnell Washing Mach. Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern Division of the Southern District of Illinois; J. Otis Humphrey, Judge. Suit in equity by the Grinnell Washing Machine Company against the E. E. Johnson Company. Decree for complainant, and defendant' appeals.
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Appeal from the District Court of the United States for the Northern Division of the Southern District of Illinois; J. Otis Humphrey, Judge. Suit in equity by the Grinnell Washing Machine Company against the E. E. Johnson Company. Decree for complainant, and defendant' appeals. The District Court found claims 5, 6, 7, and 8 of patent No. 950,402, granted February 22, 1910, to W. F. Phillips for a gearing device especially adapted to the operation by power of washing machines and wringers to- be valid and infringed by appellant. In the proceedings, claim 6 was conceded to best set out the…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). [1] The most important question presented is: Do the facts disclose a combination or a mere aggregation? It is conceded that the washing gear, the wringing gear, and the operating gear are all old. Efforts of appellant’s counsel to ascertain just what the combination claimed by appellee was, were not entirely satisfactory. Appellee’s expert witness was asked:
“Is there any coaetion whatever between the washing machine as such and the wringing machine as such, or any co-operation between them?”
To which he replied:
“I think there is. You can use both at the…
2Cases cited28 opinions
- Reckendorfer v. FaberSupreme Court of the United States · 1876
- Hailes v. Van WormerSupreme Court of the United States · 1874
- Pickering v. McCulloughSupreme Court of the United States · 1881
- McCarty v. Lehigh Valley RailroadSupreme Court of the United States · 1895
- Richards v. Chase Elevator Co.Supreme Court of the United States · 1895
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3Cited by3 opinions
- J. H. Day Co. v. Mountain City Mill Co.District Court, E.D. Tennessee · 1918
- Tokheim Oil Tank & Pump Co. v. DeanCourt of Appeals for the Seventh Circuit · 1934
- Grinnell Washing Mach. Co. v. Clarinda Lawn Mower Co.District Court, S.D. Iowa · 1916