Johnson Co. v. Toledo Traction Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Ohio. This is a bill to restrain infringement of the first five claims of patent No. 536,734, and also of the only two claims of patent No. 540,796, both being patents issued to Arthur J. Moxham, and assigned to the Johnson Company, a corporation of Pennsylvania, the complainant below and appellant here.
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Appeal from the Circuit Court of the United States for the Northern District of Ohio. This is a bill to restrain infringement of the first five claims of patent No. 536,734, and also of the only two claims of patent No. 540,796, both being patents issued to Arthur J. Moxham, and assigned to the Johnson Company, a corporation of Pennsylvania, the complainant below and appellant here. Both patents are for improvements in railway switch work, the second being only for an improvement upon the claims of the first. The inventor states in his specifications to his first patent that his invention…
1Opinion of the CourtBurton, Circuit Judge
Stated broadly, the claims involved present the question as to whether it was invention to devise a switch structure in which is a recess or pocket for containing a removable plate, which is grooved so as to form the flangeway and point, the rails of the track being secured to said structure in either of two well-known ways,- and whether the use of molten zinc or other retaining metal as a means for securing the plate removably in its pocket involves invention. Omitting for the present the feature of the use of molten zinc as a means for securing such a plate in position, which is an element…
2Cases cited11 opinions
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- Brown v. PiperSupreme Court of the United States · 1875
- Potts v. CreagerSupreme Court of the United States · 1895
- Pennsylvania Railroad v. Locomotive Engine Safety Truck Co.Supreme Court of the United States · 1884
- Roberts v. RyerSupreme Court of the United States · 1875
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3Cited by9 opinions
- Weir Frog Co. v. PorterCourt of Appeals for the Sixth Circuit · 1913
- Ranco, Inc. v. GwynnCourt of Appeals for the Sixth Circuit · 1942
- Higgin Mfg. Co. v. WatsonCourt of Appeals for the Sixth Circuit · 1920
- Bettendorf Patents Co. v. J. R. Little Metal Wheel Co.Court of Appeals for the Seventh Circuit · 1903
- J. H. Day Co. v. Mountain City Mill Co.District Court, E.D. Tennessee · 1918
4 more not listed; retrieve them via the Exa API.