Denton v. Fulda
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. (A appeal from a. decree of the District Court for the Southern DIsirict of New York dismissing on motion, the new equivalent for a demurrer, the bill of complaint, which alleges the infringement of three letters patent granted to the complainants. The defendant contends that the three patents are void upon their face for lack of patentable'. novelty and invention.
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Appeal from the District Court of the United States for the Southern District of New York. (A appeal from a. decree of the District Court for the Southern DIsirict of New York dismissing on motion, the new equivalent for a demurrer, the bill of complaint, which alleges the infringement of three letters patent granted to the complainants. The defendant contends that the three patents are void upon their face for lack of patentable'. novelty and invention. The earliest patent, No. 889,845, is for the art of simulating rare, precious, and other stones. Patent No. 39,413 is for a design, for a…
1Opinion of the Court
COXE, Circuit Judge.
[1] We are inclined to the opinion that the design patent cannot be sustained for the reason that the claim covers broadly a design for locket or pendant of a butterfly with upfolded wings. There is nothing novel- about a butterfly with folded wings, or wings in any other condition or position. It does not involve invention, therefore, to paste a drawing or painting of the natural wings of such an insect upon a pendant. To hold otherwise will permit those who select a different design for a pendant, such, for instance, as a shell, a flower, or a bird, to obtain a patent in…
2Cases cited1 opinion
- Beer v. WalbridgeCourt of Appeals for the Second Circuit · 1900
3Cited by6 opinions
- White v. Leanore Frocks, Inc.Court of Appeals for the Second Circuit · 1941
- Miller Rubber Co. v. BehrendCourt of Appeals for the Second Circuit · 1917
- Bayley & Sons, Inc. v. Standart Art Glass Co.Court of Appeals for the Second Circuit · 1918
- Illinois Watch Case Co. v. Hingeco Mfg. Co.Court of Appeals for the First Circuit · 1936
- Simplex Lithograph Co. v. Renfrew Mfg. Co.Court of Appeals for the Second Circuit · 1918
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