Elliott Mach. Co. v. Rothschild & Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for tire Eastern Division of the Northern District of Illinois. Suit by the Elliott Machine Company against Rothschild & Company and others. From a decree of the District Court dismissing bill for injunction charging infringement of United States letters patent No. 765,616, to Minnie S. Elliott, for “attachment for button setting machines” (224 Fed. 502), plaintiff appeals.
1Opinion of the Court
ALSCHULER, Circuit Judge.
The so-called attachment consists of a detachable button chute or tube in a machine for attaching buttons to shoes, through which chute the buttons pass from the hopper, or source of the button supply, to the place of attachment to the fabric. The commercial Elliott machine, on the market for years prior to filing application for this patent, had the same kind of chute, save only that it was not readily detachable, but was so placed that to remove it required some dismemberment of the machine. However, the patent in question does not purport to cover the Elliott…
2Cases cited1 opinion
- Elliott Mach. Co. v. RothschildDistrict Court, N.D. Illinois · 1915
3Cited by1 opinion
- In re HobsonCourt of Customs and Patent Appeals · 1946