Whitin Mach. Works v. Houghton
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts. Suit in equity by Bewis T. Houghton against the Whitin Machine Works. Decree for complainant, and defendant appeals.
1Opinion of the Court
COLT, Circuit Judge.
This second appeal raises the single question whether the modified structure now made by the defendant (now the appellant), and designated as Whitin C, infringes the third claim of the Houghton patent.
Upon the prior appeal the defenses were:
First. That claims 1, 2, 3, and 4 of the Houghton patent were void for want of invention in view of the prior art.
Second. That the defendant’s device did not infringe claim 4.
As to the first defense, this court held that claims 1, 2, 3, and 4 of the Houghton patent were valid; that the Houghton invention involved *445something more than the…
2Cases cited2 opinions
- Miller v. Brass Co.Supreme Court of the United States · 1882
- Houghton v. Whitin Machine WorksCourt of Appeals for the First Circuit · 1907
3Cited by3 opinions
- Howe v. AtwoodDistrict Court, E.D. Michigan · 1942
- George P. Converse & Co. v. Polaroid Corp.District Court, D. Massachusetts · 1955
- F. W. Rauskolb Co. v. Anthony Mfg. Co.Court of Appeals for the First Circuit · 1918