Milwaukee Bronze Casting Co. v. Avery
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the' United States for the Eastern District of Wisconsin; Arthur L. Sanborn, Judge. Suit in equity by Percy C. Avery and the American Brass Foundry Company against the Milwaukee Bronze Casting Company. Decree for complainants, and defendant appeals. This cause is here on appeal from the order of the District Court adjudging Avery patent No. 986,668, dated March 14, 1911, for a reflector for automobile lamps to be valid and infringed.
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Appeal from the District Court of the' United States for the Eastern District of Wisconsin; Arthur L. Sanborn, Judge. Suit in equity by Percy C. Avery and the American Brass Foundry Company against the Milwaukee Bronze Casting Company. Decree for complainants, and defendant appeals. This cause is here on appeal from the order of the District Court adjudging Avery patent No. 986,668, dated March 14, 1911, for a reflector for automobile lamps to be valid and infringed. The patent calls for a cast metal, as, for instance, aluminum, reflector, so made as to provide a parabolic curve to the…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). Whatever invention there may have been in original claims 1, 2, 3, and 4 was distinctly waived by the proceedings in the patent office. Hubbell v. United States, 179 U. S. 77, 21 Sup. Ct. 24, 45 L. Ed. 95. We are of the opinion, however, that said claims involved no invention, and were properly disallowed.’ The only question now presented is whether the combination including the concentrically cast flange and the integral lugs added patentable novelty to the device independently of the subject-matter of the rejected claims.
[1] The use of aluminum or other…
2Cases cited5 opinions
- Hubbell v. United StatesSupreme Court of the United States · 1900
- Florsheim v. SchillingSupreme Court of the United States · 1890
- Gardner v. HerzSupreme Court of the United States · 1886
- Brinkerhoff v. AloeSupreme Court of the United States · 1892
- Gates Iron Works v. FraserSupreme Court of the United States · 1894
3Cited by4 opinions
- Enterprise Railway Equipment Co. v. Pullman Standard Car Mfg. Co.Court of Appeals for the Seventh Circuit · 1938
- Laclede Christy Clay Products Co. v. City of St. LouisDistrict Court, E.D. Missouri · 1921
- Universal Draft Gear Attachment Co. v. BushCourt of Appeals for the Seventh Circuit · 1914
- James Clark, Jr., Electric Co. v. United States Electrical Tool Co.District Court, N.D. Illinois · 1914