Bird v. Elaborated Roofing Co. of Buffalo
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Suit in equity by Charles S. Bird against the Elaborated Roofing Company of Buffalo, Incorporated, the Elaborated Ready Roofing Company, and Mathias B. Becker. Decree for complainant, and defendants appeal.
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Appeal from the District Court of the United States for the Western District of New York. Suit in equity by Charles S. Bird against the Elaborated Roofing Company of Buffalo, Incorporated, the Elaborated Ready Roofing Company, and Mathias B. Becker. Decree for complainant, and defendants appeal. The following is the opinion of Hazel, District Judge, in the court below: “This is a suit in equity for infringement of two letters patent, No. 1,036,427, issued August 20, 1912, on application filed August 9, 1911, and No. 1,181,827, issued May 2, 1916, on application filed August 21, 1911. The two…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The effect of the Patent Office proceedings in interference is not doubtful; they settled, on the record there made, that, assuming identity in the assumed inventions of Bird and Becker, the former was the prior in time. National, etc., Co. v. Wheeler, etc., Co., 79 Fed. 432, 24 C. C. *372A. 663. They did not finally establish that either party had, in common speech, invented anything, although of course an interference would have been impossible, had not each party declared on oath his claim to a patentable invention. This rule rests fundamentally on the…
2Cases cited3 opinions
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Outlook Envelope Co. v. General Paper Goods Mfg. Co.Court of Appeals for the Second Circuit · 1917
- National Mach. Co. v. Wheeler & Wilson Manuf'g Co.Court of Appeals for the Second Circuit · 1897
3Cited by10 opinions
- Bryan W. Nickerson, Jr. v. The Bearfoot Sole Company, Inc., the Bearfoot Airway Corporation,defendants-AppellantsCourt of Appeals for the Sixth Circuit · 1963
- Grant v. KopplCourt of Appeals for the Ninth Circuit · 1938
- R. U. V. Engineering Corp. v. Borden Co.Court of Appeals for the Second Circuit · 1948
- National Rolled Thread Die Co. v. E. W. Ferry Screw Products, Inc.Court of Appeals for the Sixth Circuit · 1976
- Royal Co. v. TweedieCourt of Appeals for the Eighth Circuit · 1921
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