Clark v. Harmon S. Palmer Hollow Concrete Bldg. Block Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Illinois. The decree appealed from enjoins appellants not to infringe a patent belonging to appellee and not to compete unfairly in trade.
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Appeal from the Circuit Court of the United States for the Eastern District of Illinois. The decree appealed from enjoins appellants not to infringe a patent belonging to appellee and not to compete unfairly in trade. The patent is No. 36,806, issued on February 16, 1904, to Palmer for an ornamental design for artificial building blocks, and reads as follows: “To All Whom It May Concern: “Be it known that I, Harmon S. Palmer, a citizen of the United States, residing at No. 1450 Binney street northwest, in the city of Washington, District of Columbia, have invented a new, original, and…
1Opinion of the Court
BAKER, Circuit Judge.
Witnesses for appellants, whose testimony stands uncontradicted and whose veracity is unassailed, establish several instances’of prior use.
In a hottse, built years before the patent was applied for, layers of rock-face and of smooth-face stones were alternated.. If one rock-face stone lying upon a smooth-face stone be taken as a unit, the seam between them is so fine that to the eye of the ordinary observer the design-,is the same as if one stone were dressed partly rock-face and partly smooth-face. The smooth part in this instance was only about one-fourth of the width…
2Cases cited2 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Bettendorf Patents Co. v. J. R. Little Metal Wheel Co.Court of Appeals for the Seventh Circuit · 1903