Legal Opinion

McCrary v. Pennsylvania Canal Co.

United States Circuit Court

Decided October 28, 1880PublishedCited by 6 opinions

This was a hill in equity complaining of the infringement of re-issued letters patent No. 5,630, for an improvement in coupling and steering canal-boats. The respondent denied the novelty of the invention, and alleged also that the re-issue was for a different invention from that described in the original invention. The ease was heard on bill, answer, and proofs.

1Per curiam

The bill here is founded upon a re-issued patent to the complainant for “improvement in coupling and steering canal-boats.”

This re-issue is alleged to be invalid, as being for a different invention from that described in the original patent. The difference between the two patents consists in a slight change in the points of attachment of the coupling and centering chain, D, to the stem of the forward boat, which appears Only in the drawing attached to the re-issue. It is altogether immaterial, inasmuch as the mode of operation, the manner of construction, or the function performed are not in…

2Cited by6 opinions

  1. Landis Tool Co. v. IngleCourt of Appeals for the Third Circuit · 1923
  2. Nerney v. New York, N. H. & H. R. Co.Court of Appeals for the Second Circuit · 1936
  3. Electric Smelting & Aluminum Co. v. Carborundum Co.U.S. Circuit Court for the District of Western Pennsylvania · 1900
  4. Carew v. Boston Elastic Fabric Co.U.S. Circuit Court for the District of Massachusetts · 1871
  5. Cave v. Andrew M SaulDistrict Court, E.D. Washington · 2020

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