Æolian Co. v. Schubert Piano Co.
Court of Appeals for the Second Circuit
Appeal from thé District Court of the United States for the Southern District of New York. Suit in equity by the JEolian Company against the Schubert Piano Company. Decree for defendant, and complainant appeals.
1DissentWard, Circuit Judge
In Autopiano Co. v. American Player Piano Co., 222 Fed. 276, 138 C. C. A. 38, we held the O’Con-nor patent, second reissue, 13,398, to he entitled to a most liberal range of equivalents as a pioneer. I think edge control is therefore to be regarded as equivalent to surface control. Persons who had acquired intervening rights while the first reissue was in force, of whom the defendant is one, are entitled to immunity for this reason.
In Autopiano Co. v. Claviola Co., 234 Fed. 314, 148 C. C. A. 216, we held the O’Connor patent good against edge control devices operated pneumatically by…
2Cases cited2 opinions
- Autopiano Co. v. American Player Action Co.Court of Appeals for the Second Circuit · 1915
- Autopiano Co. v. Claviola Co.Court of Appeals for the Second Circuit · 1916