Goodyear Dental Vulcanite Co. v. Davis
Supreme Court of the United States
Appeal from the Circuit Court of the. United States'for the District of Massachusetts. This was a bill in • equity brought by the Goodyear Dental Vulcanite Company against Charles G. Davis, alleging his infringement of reissued letters-patent No. 1904, dated March 21, 1865, and granted to the complainant, as assignee of John A. Cummings, for an improvement in artificial gums and plates. The bill was, on a final hearing upon the pleadings and proofs, dismissed.
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Appeal from the Circuit Court of the. United States'for the District of Massachusetts. This was a bill in • equity brought by the Goodyear Dental Vulcanite Company against Charles G. Davis, alleging his infringement of reissued letters-patent No. 1904, dated March 21, 1865, and granted to the complainant, as assignee of John A. Cummings, for an improvement in artificial gums and plates. The bill was, on a final hearing upon the pleadings and proofs, dismissed. The complainant appealed here. The facts are fully stated in the opinion of the court.
1Opinion of the CourtJustice Strong
The. invention described in the Cummings reissue patent is claimed 'in the words following: “ The plate of hard rubber or vulcanite, or its equivalent, for holding artificial.teeth, or teeth and gums, substantially- as described.” The claim cannot be understood without reference to the details given in the specification. In that it is said to consist “ in forming the plate to which the teeth, or teeth and gums, are attached, of hard rubber, or ‘ vulcanite,’ so called, — an elastic material possessing and retaining in use sufficient rigidity for the purpose of mastication, find, at the same…
2Cases cited2 opinions
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Leggett v. AverySupreme Court of the United States · 1880
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- Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
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