Carpenter Straw-Sewing Mach. Co. v. Searle
Court of Appeals for the Second Circuit
Appeal from tbe Circuit Court of tbe United States for tbe Southern District of New York. Appeal from a decree of tbe circuit court for the southern district of New York, which dismissed the appellant’s bill in equity founded upon the alleged infringement of tbe ñfth claim of reissued letters patent No. 10,600, dated May 26, 1885, to Mrs. Mary P. C. Hooper, formerly Mary P. Carpenter, assignor to tbe complainant, for improvements in machines for sewing straw braid.
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Appeal from tbe Circuit Court of tbe United States for tbe Southern District of New York. Appeal from a decree of tbe circuit court for the southern district of New York, which dismissed the appellant’s bill in equity founded upon the alleged infringement of tbe ñfth claim of reissued letters patent No. 10,600, dated May 26, 1885, to Mrs. Mary P. C. Hooper, formerly Mary P. Carpenter, assignor to tbe complainant, for improvements in machines for sewing straw braid. The original patent was dated January 4, 1876. The reissue was applied for on January 30, 1885.
1Opinion of the Court
SHIPMAN, Circuit Judge.
The defenses set up in the answer, and supported by testimony, were the invalidity of the reissue, insufficiency of the description of the patented and infringed combination, lack both of novelty and of invention, and noninfringement. The circuit court held that the first defense was clearly sustained. The considerations which led to that conclusion were so fully stated by Judge Coxe, in his opinion, as to obviate the necessity of a lengthy discussion at this time. 52 Fed. 809.
The fifth claim of the reissue is as follows:
The combination of tbe pressor foot, F, tbe lever…
2Cases cited3 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- Robinson v. FairSupreme Court of the United States · 1888
- Carpenter Straw-Sewing Mach. Co. v. SearleU.S. Circuit Court for the District of Southern New York · 1892
3Cited by9 opinions
- Ide v. Trorlicht, Duncker & Renard Carpet Co.Court of Appeals for the Eighth Circuit · 1902
- Ball & Roller Bearing Co. v. F. C. Sanford Mfg. Co.Court of Appeals for the Second Circuit · 1924
- Thompson v. N. T. Bushnell Co.Court of Appeals for the Second Circuit · 1899
- Maitland v. B. Goetz Mfg. Co.Court of Appeals for the Second Circuit · 1898
- Pelzer v. MeybergU.S. Circuit Court for the District of Southern California · 1899
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