Berry v. Wynkoop-Hallenbeck-Crawford Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. The complainant’s bill in equity in the circuit court for the Southern district of New York alleged the infringement by the defendants of letters patent No. 2<)8.9S8, dated December 12, 18S2, and issued to Marcellus F. Berry, for an improvement in checks or other papers representing value.
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Appeal from the Circuit Court of the United States for the Southern District of New York. The complainant’s bill in equity in the circuit court for the Southern district of New York alleged the infringement by the defendants of letters patent No. 2<)8.9S8, dated December 12, 18S2, and issued to Marcellus F. Berry, for an improvement in checks or other papers representing value. This appeal is from the decree of the circuit court, which dismissed the bill upon the ground of the invalidity of the patent for want of invention. 77 Fed. 833.
1Opinion of the Court
SHIPMAN, Circuit «Judge.
The patentee, in his specification, described the relation of his improvement to the preexisting art as follows:
“üíy invention is applicable to checks, certificates, and other papers which are filled out for certain amounts of money, and which it is desired to prevent being raised or changed so as to call for different amouuis from those for which they are made out. Various plans have been proposed for this purpose: out my invention relates to that class of safety checks and analogous papers which are provided with marginal tables of figures of different denominations,…
2Cases cited1 opinion
- Hollister v. Benedict & Burnham Manufacturing Co.Supreme Court of the United States · 1885
3Cited by4 opinions
- Selectasine Patents Co. v. Prest-O-Graph Co.District Court, D. Oregon · 1920
- Parker Rust Proof Co. v. Ford Motor Co.District Court, E.D. Michigan · 1925
- In Re BolongaroCourt of Customs and Patent Appeals · 1933
- Nye v. CoeDistrict Court, District of Columbia · 1942