Simplex Lithograph Co. v. Renfrew Mfg. Co.
Court of Appeals for the Second Circuit
Appeal from District Court of the United States for the Southern District of New York. Bill by the Simplex lithograph Company against the Renfrew Manufacturing Company and others. From a decree dismissing the hill, complainant appeals.
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Appeal from District Court of the United States for the Southern District of New York. Bill by the Simplex lithograph Company against the Renfrew Manufacturing Company and others. From a decree dismissing the hill, complainant appeals. Action is on patent to Stenz for improvements in “sample cards,” numbered 1,047,849, claims 1, 4, 5, and 6. The patent was considered in this court in 221 Fed. 637, 137 C. C. A. 361, and the claims in suit are there set forth, as is the general nature of the invention. The action then before us was subsequently discontinued, and the-present suit begun, against…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] It is claimed for Stenz that he was the first to produce “sample cards which could be used strictly as such, showing in paper the actual fabric.” In the sense that what is made under this patent creates *864the optical illusion of seeing on the cardboard back something which, even on close inspection, it seems possible to pluck from its fastening, the assertion is true. The excellent “article of manufacture/' the product, which is described and claimed, is new with Stenz.
In one use of the word, its novelty consists wholly in the perfection •of imitation. -…
2Cases cited4 opinions
- Collar Co. v. Van DusenSupreme Court of the United States · 1875
- Denton v. FuldaCourt of Appeals for the Second Circuit · 1915
- Union Paper-Collar Co. v. Van DeusenU.S. Circuit Court for the District of Southern New York · 1872
- Union Paper-Collar Co. v. LelandU.S. Circuit Court for the District of Massachusetts · 1874
3Cited by6 opinions
- Harmon Paper Co. v. PragerCourt of Appeals for the Second Circuit · 1923
- Scott & Williams, Inc. v. Aristo Hosiery Co.Court of Appeals for the Second Circuit · 1925
- Putman v. Beaver State Shingle Co.Court of Appeals for the Ninth Circuit · 1930
- Scott & Williams, Inc. v. Aristo Hosiery Co.District Court, S.D. New York · 1920
- National Battery Co. v. Western Molded Products Co.District Court, S.D. California · 1941
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