Lyons v. Drucker
Court of Appeals for the Second Circuit
Appeal from the Gireuit Court of the United States for the Southern District of New York. This is an appeal from a decree of the circuit court, Southern district of New York, dismissing bill in equity. The suit was brought upon letters patent No. 573,789, issued to complainant December 22, 1896, for improvements in hat boxes or trunks.
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Appeal from the Gireuit Court of the United States for the Southern District of New York. This is an appeal from a decree of the circuit court, Southern district of New York, dismissing bill in equity. The suit was brought upon letters patent No. 573,789, issued to complainant December 22, 1896, for improvements in hat boxes or trunks. Demurrer was interposed on the ground the “letters patent are void for want of invention apparent on the face of the patent, in view of the common knowledge of people throughout the country, of which the court can take judicial notice.” Demurrer was sustained,…
1Opinion of the Court
LACOMBE, Circuit Judge.
The bill makes profert of the letters patent, which are, of course, before the court for consideration upon demurrer. The specification recites that the invention contemplates certain new and useful improvements in hat boxes or trunks, and has special reference to the rests or supports for -the hats or bonnets. After referring to the perishable character of ladies’ hats or bonnets, and the necessity of securing them against movement, it proceeds:
“It is also well known that the rests or supports for hats or bonnets, as heretofore constructed, are usually of fragile…
2Cases cited8 opinions
- Beer v. WalbridgeCourt of Appeals for the Second Circuit · 1900
- Indurated Fibre Industries Co. v. GraceU.S. Circuit Court for the District of Massachusetts · 1892
- Heaton Peninsular Button-Fastener Co. v. Schlocht-MeyerU.S. Circuit Court for the District of Southern Ohio · 1895
- Fougeres v. MurbargerU.S. Circuit Court for the District of Indiana · 1890
- Heaton Peninsular Button-Fastener Co. v. Schlochter-MeyerCourt of Appeals for the Sixth Circuit · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Frank v. Western Electric Co.Court of Appeals for the Second Circuit · 1928
- Stillwell v. McPhersonCourt of Appeals for the Second Circuit · 1910
- General Electric Co. v. CampbellU.S. Circuit Court for the District of New Jersey · 1905
- Neidich v. FosbennerU.S. Circuit Court for the District of Southern New York · 1901
- Neidich v. EdwardsU.S. Circuit Court for the District of Eastern Pennsylvania · 1909
1 more not listed; retrieve them via the Exa API.