Drake Castle Pressed Steel Lug Co. v. Brownell & Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Ohio. This is a bill to restrain infringement of patent No. 491,091 for alleged improvements in supporting lugs used for the support of boilers. The patentee thus describes his invention: “Prior to my invention boiler lugs have been constructed of east metal.
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Appeal from the Circuit Court of the United States for the Southern District of Ohio. This is a bill to restrain infringement of patent No. 491,091 for alleged improvements in supporting lugs used for the support of boilers. The patentee thus describes his invention: “Prior to my invention boiler lugs have been constructed of east metal. These lugs are necessarily heavy, and a single lug for a standard boiler, say five feet in diameter, would weigh at least one hundred pounds. In applying them to a boiler, the only way in which a tight joint can be secured is by heading the rivet over from…
1Opinion of the CourtLurton, Circuit Judge
(after stating the facts). A boiler lug is nothing more or less than an L-shaped iron bracket, one member being attachable to the side of a boiler and the other to a wall or floor or other upright support, and its only function is to support the boiler in place.
It is elemental in the patent law that the mere substitution of steel or wrought iron for cast iron is not invention. The advantages and differences of the two forms of iron are too well known to „ require the skill of an inventor to displace the one for the other, where the conditions are such as to make one preferable to the other.…
2Cases cited13 opinions
- Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
- Smith v. NicholsSupreme Court of the United States · 1875
- Pickering v. McCulloughSupreme Court of the United States · 1881
- Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895
- Richards v. Chase Elevator Co.Supreme Court of the United States · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
- Charles Boldt Co. v. Nivison-Weiskopf Co.Court of Appeals for the Sixth Circuit · 1912
- Wise Soda Apparatus Co. v. Bishop-Babcock-Becker Co.Court of Appeals for the Sixth Circuit · 1917
- Columbia Metal Box Co. v. HalperCourt of Appeals for the Second Circuit · 1915
- Gatch Wire Goods Co. v. W. A. Laid-Law Wire Co.Court of Appeals for the Seventh Circuit · 1939
9 more not listed; retrieve them via the Exa API.