Clark v. Deere & Mansur Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the. United States for the Northern Division of the Northern District of Illinois. This was a suit in equity by Clemontine I. Clark and the Cutaway Harrow Company against the Deere & Mansur Company for alleged infringement of a patent. In the circuit court a decree was entered dismissing the bill on the merits, and the plaintiffs appealed.
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Appeal from the Circuit Court of the. United States for the Northern Division of the Northern District of Illinois. This was a suit in equity by Clemontine I. Clark and the Cutaway Harrow Company against the Deere & Mansur Company for alleged infringement of a patent. In the circuit court a decree was entered dismissing the bill on the merits, and the plaintiffs appealed. This appeal seeks to bring under review a final decree, the entry of which reads as follows: “On this 20th day of March, 1896, this cause having been heard at final hearing upon the pleadings and proofs, * * * it is ordered,…
1Opinion of the CourtWoods, Circuit Judge
It is evident that the patent in suit, by its own terms as well as by force of the prior art, is one of very narrow scope. It must be limited substantially to the particular construction described, and when that is done it is impossible to reach any other conclusion upon the question of infringement than that declared by the court below. This is so clear upon a mere statement of the case that a discussion of the question would be unprofitable.
It is to be observed that the assignment of error is not such as required an examination into the merits of the appeal, because if it were found that…
2Cases cited2 opinions
- Caverly v. DeereCourt of Appeals for the Seventh Circuit · 1895
- Russell v. KernCourt of Appeals for the Seventh Circuit · 1895
3Cited by5 opinions
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- McKinnon Chain Co. v. American Chain Co.Court of Appeals for the Third Circuit · 1920
- Pool Shipping Co. v. United StatesCourt of Appeals for the Second Circuit · 1929
- Evans v. Suess Ornamental Glass Co.Court of Appeals for the Seventh Circuit · 1897
- South Penn Oil Co. v. LatshawCourt of Appeals for the Fourth Circuit · 1901