Gilchrist Co. v. Erie Specialty Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Suit'in equity by the Gilchrist Company against the Erie Specialty 'Company. Decree for defendant, and complainant appeals. The following is the opinion of Orr, District Judge: ■ This case is before the court for disposition after trial.
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Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Suit'in equity by the Gilchrist Company against the Erie Specialty 'Company. Decree for defendant, and complainant appeals. The following is the opinion of Orr, District Judge: ■ This case is before the court for disposition after trial. The plaintiff is the owner of the United States patent No. 833,620, issued October 16, 1906, to R. Nielsen for an ice créam spoon. Plaintiff charges the defendant with infringement at the city of Erie, in this district, and at other places. The…
1Opinion of the Court
BUFFINGTON, Circuit Judge.
In the court below the Gilchrist Company, owner of patent No. 833,620, granted October 16, 1906, to Nielsen, filed a bill against tire Erie Specialty Company charging its infringement. On final hearing that court held the patent invalid .and dismissed the bill. Thereupon this appeal was taken.
*661The patent concerns a small cone-shaped dipper or spoon used for ladling a fixed quantity of ice cream from a freezer, and means for scraping the cream from such dipper. The question here involved is whether Nielsen or one Olmstead first invented the device. This dipper is the…
2Cases cited4 opinions
- Penfield v. C. & A. Potts & Co.Court of Appeals for the Sixth Circuit · 1903
- Walker v. GilesCourt of Appeals for the Second Circuit · 1914
- Walker v. GilesDistrict Court, N.D. New York · 1913
- Gilchrist Co. v. Erie Specialty Co.District Court, W.D. Pennsylvania · 1914
3Cited by2 opinions
- Arlac Dry Stencil Corp. v. A. B. Dick Co.Court of Appeals for the Third Circuit · 1931
- A. B. Dick Co. v. Arlac Dry Stencil Corp.District Court, W.D. Pennsylvania · 1930