George Frost Co. v. Cohn
U.S. Circuit Court for the District of Southern New York
In Equity. Suit for infringement of patent. On final hearing. • This action is for the infringement of letters patent No. 552,470, granted to Robert Gorton, December 81, 1895, for a hose supporter. The patent is now owned by the complainants. Tiie inventor says in the specification: “Hy invention relates to hose supporters of the class in which the hose is held between a button and a retaining-loop that passes over the button and the intervening portion of the hose.
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In Equity. Suit for infringement of patent. On final hearing. • This action is for the infringement of letters patent No. 552,470, granted to Robert Gorton, December 81, 1895, for a hose supporter. The patent is now owned by the complainants. Tiie inventor says in the specification: “Hy invention relates to hose supporters of the class in which the hose is held between a button and a retaining-loop that passes over the button and the intervening portion of the hose. The purpose of my invention is to prevent the slipping' of the hose between the button and loop and to reduce to a minimum wear…
1Opinion of the CourtCoxe, District Judge
(after stating the facts). The crucial question is one of invention. It is argued by the defendants that Gor-ton’s sole contribution to the art was the substitution of a rubber button for the metal buttons previously used, and that this was merely a change of material involving only mechanical skill. Corn-ceding that the defendants’ diagnosis of the issue is somewhat severe in lopping off the other members of the combination, nevertheléss the court sees no way’to escape the conclusion that the fate of the patent depends upon the effect -of the introduction of the rubber button into the old…
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