R. E. Dietz Co. v. Burr & Starkweather Co.
Court of Appeals for the Second Circuit
Cross-Appeals from the District Court of the United States for the Western District of New York. Suit in equity by the R. E. Dietz Company against the Burr & Stark-weather Company. Erom the decree, both parties appeal.
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Cross-Appeals from the District Court of the United States for the Western District of New York. Suit in equity by the R. E. Dietz Company against the Burr & Stark-weather Company. Erom the decree, both parties appeal. The bill alleged infringement of design patent to McArthur, 42,488, and of two mechanical patents, viz. that to Bergener, No. 962,114 (claim 1), and to Erb, No. 962,135 (first and only claim). The claims in suit are as follows: Bergener: “1. A tubular lantern having tubes which are each composed of two substantially half-round half-tubes, stamped' of sheet metal and secured…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The patents in suit relate to making lanterns, and especially tubular lan*593terns. The word Tanthorn,” and the fact that it is obsolete, sufficiently suggests the antiquity of lantern-making; while 26 years ago, in R. E. Dietz Co. v. C. T. Ham (C. C.) 47 Fed. 320, an action relating'to improvements for tubular lanterns, it was noted that the “industry is crowded to repletion.” In such an art McArthur’s design patent appears, with specification, as follows:
“The accompanying drawing represents a perspective view of a tubular lantern embodying this design. The…
2Cases cited12 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Strause Gas Iron Co. v. William M. Crane Co.Court of Appeals for the Second Circuit · 1916
- Ashley v. Weeks-Numan Co.Court of Appeals for the Second Circuit · 1915
- Rowe v. Blodgett & Clapp Co.Court of Appeals for the Second Circuit · 1901
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3Cited by23 opinions
- H. C. White Co. v. Morton E. Converse & Son Co.Court of Appeals for the Second Circuit · 1927
- Sodemann Heat & Power Co. v. KauffmanCourt of Appeals for the Eighth Circuit · 1921
- North British Rubber Co. v. Racine Rubber Tire Co. of New York, Inc.Court of Appeals for the Second Circuit · 1921
- Zidell v. DexterCourt of Appeals for the Ninth Circuit · 1920
- Bayley & Sons, Inc. v. Standart Art Glass Co.Court of Appeals for the Second Circuit · 1918
18 more not listed; retrieve them via the Exa API.