Fullerton Walnut Growers' Ass'n v. Anderson-Barngrover Mfg. Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Southern Division of the Southern District of California. From a final decree in favor of the appellee against the appellant for §23,-256.10, the profits adjudged to have been realized by the latter from infringing claim 2 of letters patent 663,069, issued to Daniel Farrell on December 4, 1900, covering a process for bleaching nuts, the present appeal is taken.
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Appeal from the Circuit Court of the United States for the Southern Division of the Southern District of California. From a final decree in favor of the appellee against the appellant for §23,-256.10, the profits adjudged to have been realized by the latter from infringing claim 2 of letters patent 663,069, issued to Daniel Farrell on December 4, 1900, covering a process for bleaching nuts, the present appeal is taken. The specifications and claims of the patent are as follows: “Be it known that I, Daniel Farrell, a citizen of the United States, residing at San Jose, county of Santa Clara,…
1DissentRoss, Circuit Judge
Among the defenses set up by the answer 'of the defendant to the suit were lack of novelty and invention, anticipation, no infringement, and a want of sufficient description of the alleged invention. By the decree appealed from it was adjudged that claim 2 of the patent was valid, and that it had been infringed by the defendant.
The invention claimed was for an improvement in the art of bleaching nuts, and was in no sense one of a pioneer character. _
I agree that in considering the sufficiency of the description contained in the specification, as well as the claims, a liberal commonsense…
2Cases cited26 opinions
- Merrill v. YeomansSupreme Court of the United States · 1877
- Hubbell v. United StatesSupreme Court of the United States · 1900
- The Corn-Planter PatentSupreme Court of the United States · 1874
- The Incandescent Lamp PatentSupreme Court of the United States · 1895
- Mitchell v. TilghmanSupreme Court of the United States · 1874
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