Sharp v. Tifft
U.S. Circuit Court for the District of Southern New York
In Equity.
1Opinion of the Court
Wheeler, D. J.
This suit is brought upon letters patent No. 50,938, issued to Thomas J. Kelly for an improvement in burners for gas stoves, dated November lé, 1865, and reissued to the plaintiff No. 6,833, dated January 4, 1876.
The defences set up and relied upon are that the re-issue is for an invention different from that described in the original; that, if not, Kelly was not the first inventor of all the material parts of the invention patented; and that the defendant does not infringe.
In burning illuminating gas for heat it is desirable to mix oxygen with it to obtain a better and more…
2Cases cited2 opinions
- Railway Co. v. SaylesSupreme Court of the United States · 1878
- Prouty and Mears v. RUGGLESSupreme Court of the United States · 1842
3Cited by4 opinions
- Milligan v. Lalance & Grosjean Manuf'g Co.U.S. Circuit Court for the District of Southern New York · 1884
- Carew v. Boston Elastic Fabric Co.U.S. Circuit Court for the District of Massachusetts · 1871
- Fetter v. NewhallU.S. Circuit Court for the District of Southern New York · 1883
- Smith v. HamiltonU.S. Circuit Court for the District of Vermont · 1895