Brown v. Hinkley
U.S. Circuit Court for the District of Eastern Michigan
In equity. Motion for preliminary injunction [to restrain an alleged infringement of . a patent right, on the bill of complaint and accompanying affidavits].2 [Denied.] The bill [brought by Henry L. Brown against James Hinkley and others] alleges that the invention in question is a new and useful “improvement in hand-cars for railroads,” and that a patent [No. 94,469] therefor was duly issued to the complainant, September 7, 1869, and was reissued [No. 5,274] in two…
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In equity. Motion for preliminary injunction [to restrain an alleged infringement of . a patent right, on the bill of complaint and accompanying affidavits].2 [Denied.] The bill [brought by Henry L. Brown against James Hinkley and others] alleges that the invention in question is a new and useful “improvement in hand-cars for railroads,” and that a patent [No. 94,469] therefor was duly issued to the complainant, September 7, 1869, and was reissued [No. 5,274] in two divisions, February 11, lo73. The nature of the invention, as set up in the specifications accompanying the original patent, is…
1Opinion of the Court
LONGYEAR, District Judge.
The original patent having been surrendered and canceled, all rights under it have ceased, except as they are secured by the reissued patent. Moffit v. Gaar [Case No. 9,690], Our attention must therefore be confined to the reissued patent.
In order to ascertain what it is that is patented, we look to the claim. Looking at the claims accompanying both divisions of the reissued patent, we find that it covers (as did the original) combinations only, no one or more elements of which are claimed or patented as new. It is a well-settled rule of law, which does not need…
2Cited by3 opinions
- Palmer Pneumatic Tire Co. v. Newton Rubber WorksU.S. Circuit Court for the District of Western Virginia · 1896
- R. E. Dietz Co. v. C. T. Ham Manuf'g Co.U.S. Circuit Court for the District of Northern New York · 1891
- Hurlburt v. Carter & Co.U.S. Circuit Court for the District of Northern New York · 1889