Hemming Mfg. Co. v. Cutler-Hammer Mfg. Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. Suit- in equity by the Hemming Manufacturing Company against the Cutler-Hammer Manufacturing Company. Decree for defendant, and complainant appeals. This is an appeal from a decree dismissing for want of equity appellant’s bill for alleged infringement of the Muller patent .869,321, October 29, 1997, for insulating material and method of manufacturing the same.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. Suit- in equity by the Hemming Manufacturing Company against the Cutler-Hammer Manufacturing Company. Decree for defendant, and complainant appeals. This is an appeal from a decree dismissing for want of equity appellant’s bill for alleged infringement of the Muller patent .869,321, October 29, 1997, for insulating material and method of manufacturing the same. The claims in suit and the material parts of the specification are as follows: “By my invention, I provide a fire-proof electrical insulating…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] Is appellee’s process within the teachings of the patent? In Muller’s *599disclosure tlie first step is to take mineral pitch, or its equivalent, and dissolve it preferably “at about normal temperature” in a volatile solvent, such as benzol, or its equivalent. While heat in this first step is not excluded, the patent very clearly contemplates that the bituminous material and the volatile solvent shall be of such a character that a solution will result from their being put together without extraneous heat. Tn other words, if heat is to be used at all, it…
2Cases cited2 opinions
- Western Electric Manufacturing Co. v. Ansonia Brass & Copper Co.Supreme Court of the United States · 1885
- Hide-Ite Leather Co. v. Fiber Products Co.Court of Appeals for the First Circuit · 1915
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