American Grass Twine Co. v. Choate
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the' Eastern District of Wisconsin. Appellant failed in its suit for alleged infringement of patent No. 412,963, issued on October 15, 1889, to Lowry for a twine for binding grain, and of patent No. 646,123, issued March 27, 1900, to 'Koeck for. a woven fabric.
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Appeal from the Circuit Court of the United States for the' Eastern District of Wisconsin. Appellant failed in its suit for alleged infringement of patent No. 412,963, issued on October 15, 1889, to Lowry for a twine for binding grain, and of patent No. 646,123, issued March 27, 1900, to 'Koeck for. a woven fabric. Lowry’s patent describes and claims the twine as follows: “My object is to utilize common farm products — such as grass, hay and straw — for binding grain; and my invention consists in the construction of a twine, as hereinafter described, that is adapted to be wound upon a ball or…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). Long before Lowry’s time, as the record shows, various sorts of vegetable fibers and stalks had been twisted into twine. It was old, also, “to wrap a thread of cotton or other suitable material around the outside” of twine made from coarse and brittle fibers. The new thing that Lowry did was to make twine by wrapping thread around twist .1 grass, hay, or straw. But the fact that a thing is new does not prove that invention was present any more .than it establishes the other element of patentability — usefulness. In our judgment, no invention was involved in…
2Cases cited2 opinions
- Underwood v. GerberSupreme Court of the United States · 1893
- Morris v. McMillinSupreme Court of the United States · 1884
3Cited by2 opinions
- Harmon Paper Co. v. Kimberly Clark Co.District Court, E.D. Wisconsin · 1922
- Oshkosh Grass Matting Co. v. Waite Grass Carpet Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1912