Herzog v. New York Telephone Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by Helix Benedict Herzog and others against the New York Telephone Company. Decree for defendant (172 Fed. 425), and complainants appeal.
1Opinion of the Court
NOYES, Circuit Judge.
This is a suit to restrain the alleged infringement of letters patent No. 628,464, issued to Felix Benedict Herzog on July 11, 1899, for an improvement in electric signaling apparatus and circuits. The application for the patent was filed October 25, 1884.
*350The patentee stated in the first part of his specifications that in an earlier patent he had described an automatic signaling instrument, the main feature of which was that it could be set by’ a person desiring to signal a distant point, and was so constructed that the signal would not be transmitted at the moment of…
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