Legal Opinion

Metallic Extraction Co. v. Brown

Court of Appeals for the Eighth Circuit

Decided October 8, 1900No. 1,346PublishedCited by 22 opinions

Appeal from tbe Circuit Court of the United States for the District of Colorado. This is an appeal by the Metallic Extraction Company, the defendant below, from an order enjoining the infringement of United States letters patent No. 471,264, granted to Horace F. Brown, the appellee, on March 22, 1892, under an application that was filed August 14, 1891. The patent in question was issued to Brown for alleged “new and useful improvements in ore-roasting furnaces.”

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Appeal from tbe Circuit Court of the United States for the District of Colorado. This is an appeal by the Metallic Extraction Company, the defendant below, from an order enjoining the infringement of United States letters patent No. 471,264, granted to Horace F. Brown, the appellee, on March 22, 1892, under an application that was filed August 14, 1891. The patent in question was issued to Brown for alleged “new and useful improvements in ore-roasting furnaces.” The nature of the patented device which was adjudged to have been infringed will be readily comprehended by the drawing on the…

1Opinion of the Court

THAYER, Circuit Judgé,

after stating tbe case as above, delivered tbe opinion of tbe court.

The decision of tbe case in band binges on the construction which shall be given to claims 1 and 4 of tbe Brown patent, quoted above, and principally on tbe construction which shall be given to claim 1. Tbe contentions of tbe respective parties, stated briefly, are as follows : Tbe appellant insists that the invention of Brown covered by bis first claim must be confined to “a supplemental chamber at tbe side (and not underneath or above) tbe main roasting chamber,” because tbe patentee has expressly…

2Cases cited10 opinions

  1. Winans v. DenmeadSupreme Court of the United States · 1854
  2. Keystone Bridge Co. v. Phoenix Iron Co.Supreme Court of the United States · 1877
  3. Coupe v. RoyerSupreme Court of the United States · 1895
  4. Dunlap v. SchofieldSupreme Court of the United States · 1894
  5. Western Electric Co. v. LaRueSupreme Court of the United States · 1891

5 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. John Zwack, Bela Zwack and Dora Zwack, as Co-Partners Doing Business as J. Zwack & Company v. Kraus Bros. & Co., Inc.Court of Appeals for the Second Circuit · 1956
  2. D'Arcy Spring Co. v. Marshall Ventilated Mattress Co.Court of Appeals for the Sixth Circuit · 1919
  3. Stearns-Roger Mfg. Co. v. BrownCourt of Appeals for the Eighth Circuit · 1902
  4. Adam v. FolgerCourt of Appeals for the Sixth Circuit · 1903
  5. Flat Slab Patents Co. v. TurnerCourt of Appeals for the Eighth Circuit · 1922

17 more not listed; retrieve them via the Exa API.

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