Morgan Engineering Co. v. Alliance Mach. Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Ohio. Suit in equity by the Alliance Machine Company against the Morgan Engineering Company. Decree for complainant, and defendant appeals.
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Appeal from the Circuit Court of the United States for the Northern District of Ohio. Suit in equity by the Alliance Machine Company against the Morgan Engineering Company. Decree for complainant, and defendant appeals. This suit was brought by the Alliance Machine Company, assignee of one George W. Shem, to obtain relief against alleged infringement by the Morgan Engineering Company of patent No. 791,951, granted by the United States March 17, 1905, to Shem for certain improvements in cranes. It is admitted by the answer that the letters patent were granted to Shem, but it is denied that he…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). In the yiew we take of this case,, it is necessary first to consider whether the patent involves the quality of invention. It is claimed that Shem’s improvements over the prior art-consisted in the relocation-and rearrangement .of the' parts of' the well-known' double trolley traveling crane, without the result of any new function or mode of operation, and.that this does, not amount to patentable invention. The relevance and force of this contention may be tested by a comparison of the advantages'of a cra'ne made according to this invention, with the…
2Cases cited16 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- Expanded Metal Co. v. BradfordSupreme Court of the United States · 1909
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- Eames v. AndrewsSupreme Court of the United States · 1887
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3Cited by19 opinions
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Ensten v. Simon, Ascher & Co.Supreme Court of the United States · 1931
- Cold Metal Process Co. v. UNITED STATES ENG. & FOUNDRY CO.District Court, W.D. Pennsylvania · 1933
- Schiebel Toy & Novelty Co. v. ClarkCourt of Appeals for the Sixth Circuit · 1914
- Jackson Fence Co. v. Peerless Wire Fence Co.Court of Appeals for the Sixth Circuit · 1915
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