Whiting Mfg. Co. v. Alvin Silver Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by the Whiting Manufacturing Company against the Alvin Silver Company, Inc. From a decree for plaintiff, defendant appeals. Reversed and remanded, with directions.
1Opinion of the Court
HOUGH, Circuit Judge.
[1-4] The test of invention for design patents is the same as for mechanical patents. Strause, etc., Co. v. Crane, 235 Fed. 126, 131, 148 C. C. A. 620. Consequently the state of the art and the room left for invention when application filed must *79be considered in respect of both. Claims for improvements in arts already understood must be strictly construed (American, etc., Co. v. Parlograph Corp., 235 Fed. 137, 148 C. C. A. 631); and this is as applicable to designs as to mechanical devices. A patentee’s grant of privilege consists only in that which is both described and…
2Cases cited10 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Strause Gas Iron Co. v. William M. Crane Co.Court of Appeals for the Second Circuit · 1916
- Graff, Washbourne & Dunn v. WebsterCourt of Appeals for the Second Circuit · 1912
- Rowe v. Blodgett & Clapp Co.Court of Appeals for the Second Circuit · 1901
- Ashley v. Samuel C. Tatum Co.Court of Appeals for the Second Circuit · 1911
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3Cited by27 opinions
- Nat Lewis Purses, Inc. v. Carole Bags, Inc.Court of Appeals for the Second Circuit · 1936
- Applied Arts Corp. v. Grand Rapids Metalcraft Corp.Court of Appeals for the Sixth Circuit · 1933
- Sears, Roebuck & Co. v. TalgeCourt of Appeals for the Eighth Circuit · 1944
- Philco Corporation v. Admiral CorporationDistrict Court, D. Delaware · 1961
- American Fabrics Co. v. Richmond Lace WorksCourt of Appeals for the Second Circuit · 1928
22 more not listed; retrieve them via the Exa API.