Pelton v. American Auto Heater Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Suit in equity by Clyde S. Pelton against the American Auto Heater Company. Decree for defendant, and complainant appeals. The action is upon the single claim of the Kempshall patent, No. 670,OSO, of March 19, 1901, for a “device for utilizing engine exhaust for heating purposes.”
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Appeal from the District Court of the United States for the Western District of New York. Suit in equity by Clyde S. Pelton against the American Auto Heater Company. Decree for defendant, and complainant appeals. The action is upon the single claim of the Kempshall patent, No. 670,OSO, of March 19, 1901, for a “device for utilizing engine exhaust for heating purposes.” The specification declares that the Invention relates “to an improvement in engines for use in motor carriages, and has especial reference to that class of engines which are internally explosive.” It also states that the…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The court below did not specifically pass upon the validity of the patent, nor do we express any opinion thereupon.
After decision below, but before final decree, and on May 18, 1916, a disclaimer was filed striking out of the specification all reference to the use of the patented device with or in steam engines. The evident purpose of this was to limit the inventive thought to a heating apparatus in conjunction with what are commonly called “gas engines,” as distinct from those steam driven. The validity of this disclaimer we do not find it necessary to…
2Cases cited3 opinions
- Dunbar v. MyersSupreme Court of the United States · 1876
- Schwarzwalder v. New York Filter Co.Court of Appeals for the Second Circuit · 1895
- Hudson v. The IodineDistrict Court, E.D. Pennsylvania · 1895
3Cited by1 opinion
- Fulton Co. v. Powers Regulator Co.Court of Appeals for the Second Circuit · 1920