National Binding Mach. Co. v. James D. McLaurin Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the National 'Binding Machine Company against the James D. McLaurin Company. Decree for complainant. This is the usual suit in equity for the infringement of patent No. 700,816, which is a device for supporting and delivering paper for wrapping and binding purposes.
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In Equity. Suit by the National 'Binding Machine Company against the James D. McLaurin Company. Decree for complainant. This is the usual suit in equity for the infringement of patent No. 700,816, which is a device for supporting and delivering paper for wrapping and binding purposes. The device consists of a holder for a roll of gummed paper tape, in combination with a roller for moistening, tlie paper and a knife for cutting it off after it has been pulled out to any desired length. The combination is completed by a mechanism for removing the paper from the top of the roller so that it will…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). The defendant does not assert that these claims are invalid, but does insist *994that under their natural meaning and the prior art they must be limited so as not to cover the defendant’s machine. There can be no question that the serrated edge is a mechanical equivalent for the knife, and that the sponge is an equivalent for the roller; nor is there any substantial difference in the fact that the complainant’s machine is vertical and the defendant’s horizontal. The real issue is upon the following words in claim 2:
“A device which automatically moves the paper…
2Cases cited3 opinions
- Cimiotti Unhairing Co. v. BowskyU.S. Circuit Court for the District of Southern New York · 1899
- Hubbard v. King Ax Co.U.S. Circuit Court for the District of Northern Ohio · 1898
- Robinson v. SutterUnited States Circuit Court · 1881
3Cited by4 opinions
- Van Kannel Revolving Door Co. v. StrausCourt of Appeals for the Second Circuit · 1916
- National Binding Mach. Co. v. Harper Paper Co.Court of Appeals for the Second Circuit · 1917
- National Binding Mach. Co. v. Larkin Co.Court of Appeals for the Second Circuit · 1916
- Syracuse Chilled Plow Co. v. Leroy Plow Co.District Court, W.D. New York · 1916