American Acetylene Burner Co. v. Kirchberger
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This cause comes here by appeal from a decree on final hearing dismissing bill alleging Infringement of complainant’s patents, No. 617,942, of January 17, 1899, and No. 634,838, of October 10, 1899, both granted to Henry E. Shaffer for improvements in Acetylene Gas Burners.
1Opinion of the Court
TOWNSEND, Circuit Judge.
In Kirchberger v. American Acetylene Burner Company, 128 Fed. 599, 64 C. C. A. 107, this court, affirming the decision in (C.C.) 124 Fed. 764, held that the burners of this complainant, claimed to be made under the patents here in suit, infringed this defendant’s Dolan patent, No. 589,342. The claims in suit, Nos. 6 and 7 of patent No. 617,942, hereafter called the first patent, cover “a tip for acetylene gas burners composed of a single *746piece of refractory material having the inlet and discharge passages at an angle with each other,” or “at right angles to each other.”
2Cases cited2 opinions
- Kirchberger v. American Acetylene Burner Co.Court of Appeals for the Second Circuit · 1904
- Kirchberger v. American Acetylene Burner Co.U.S. Circuit Court for the District of Northern New York · 1903
3Cited by2 opinions
- Columbia Metal Box Co. v. HalperCourt of Appeals for the Second Circuit · 1915
- Raffold Process Corp. v. Castanea Paper Co.Court of Appeals for the Third Circuit · 1938