Legal Opinion

H S Earle Mfg. Co. v. Clark & Parsons Co.

U.S. Circuit Court for the District of Maine

Decided July 1, 1907No. 551Published

In Equity. On final hearing.

1Opinion of the Court

HALE, District Judge.

This suit is brought to restrain the infringement of design patent No. 30,478, for a grass cutting blade, and design patent No. 32,22?, for a grass hook. The record shows that these patents relate to the same subject, and have been used conjointly. The bill alleges that the infringements complained of are upon their conjoint use. The defenses are anticipation and want of patentability. Section 4929 of the United States Revised Statutes | U. S. Comp. St. 1901, p. 3398], at the time the patents in issue were granted, provided that:

“Any person who, hy his own industry,…

2Cases cited5 opinions

  1. Gorham Co. v. WhiteSupreme Court of the United States · 1872
  2. Rowe v. Blodgett & Clapp Co.Court of Appeals for the Second Circuit · 1901
  3. Westinghouse Electric & Manufacturing Co. v. Triumph Electric Co.Court of Appeals for the Sixth Circuit · 1899
  4. West Disinfecting Co. v. FrankCourt of Appeals for the Second Circuit · 1906
  5. West Disinfecting Co. v. FrankU.S. Circuit Court for the District of Southern New York · 1906

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