Bird v. Sears, Roebuck & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southefn District of New York. Suit by Charles S. Bird against Sears, Roebuck & Co. Decree for plaintiff, and defendant appeals.
Read the full summary
Appeal from the District Court of the United States for the Southefn District of New York. Suit by Charles S. Bird against Sears, Roebuck & Co. Decree for plaintiff, and defendant appeals. Suit is upon plaintiff’s Patent 1,036,427, dated August 20, 1912, and containing one claim, to wit: “Building and roofing material, comprising a sheet of paper furnished with an asphaltic coating having a continuous layer of soapstone particles, certain areas or lines of said particles being embedded in said aspbaltic material, thereby exposing the asphaltic material and producing areas or lines of…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). This is the “branding” patent considered by us in Bird v. Elaborated, etc., Co., 256 Fed. 366, 167 C. C. A. 536. In that case, either by the opinion of Hazel, J., in the District Court, or by our own opinion, we held that the patent now in suit was valid; that we agreed with the exposition of the same subject-matter made in the Seventh Circuit in West Coast, etc., Co. v. Elaborated, etc., Co., 249 Fed. 221, 161 C. C. A. 257. Further, that there was nothing in the prior art, as exemplified by the patents to Lee, Rugen and Abraham, and Hebblewaite and Holt,…
2Cases cited10 opinions
- Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Vrooman v. PenhollowCourt of Appeals for the Sixth Circuit · 1910
- Autopiano Co. v. American Player Action Co.Court of Appeals for the Second Circuit · 1915
- Treibacher-Chemische Werke Gesellschaft mit Beschrankter Haftung v. Roessler & Hasslacher Chemical Co.Court of Appeals for the Second Circuit · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Donner v. Sheer Pharmacal CorporationCourt of Appeals for the Eighth Circuit · 1933
- International Banding MacH. Co. v. American Bander Co.Court of Appeals for the Second Circuit · 1925
- A. S. Boyle Co. v. Siegel Hardware & Paint Co.District Court, D. Massachusetts · 1938
- International Banding MacH. Co. v. American Bander Co.Court of Appeals for the Second Circuit · 1925