Underwood Typewriter Co. v. Royal Typewriter Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This action was brought upon claims 1 and 3 of a patent issued to E. J. Manning, No. 609,036, dated August 16, 1898; claims 16 and 18 of a patent to P. X. Wagner, No. 624,135, May 2, 1899, and all the claims, five in number, of a patent to É. G. Kunath, No. 845,240, of February 26, 1907. After the hearing, a motion was made by the complainant to add to the record letters patent No.…
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Appeal from the District Court of the United States for the Southern District of New York. This action was brought upon claims 1 and 3 of a patent issued to E. J. Manning, No. 609,036, dated August 16, 1898; claims 16 and 18 of a patent to P. X. Wagner, No. 624,135, May 2, 1899, and all the claims, five in number, of a patent to É. G. Kunath, No. 845,240, of February 26, 1907. After the hearing, a motion was made by the complainant to add to the record letters patent No. 1,100,301 issued .to the defendant as assignee of Hess, June 16, 1914. This motion was granted.
1Opinion of the Court
COXE, Circuit Judge,
[1] The record shows that the typewriting art has been developing for at least 40 years, during which period, although the general principle of operation remained unchanged, innumerable changes have been made and minor improvements added. At the dates of the Manning, Wagner and Kunath patents there was no opportunity for a broad generic invention in typewriters and it cannot be successfully contended that the claims in issue cover such an invention. They, must be strictly construed and limited to the precise improvements claimed. There is no room for the doctrine of…
2Cited by11 opinions
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- Wachs v. BalsamCourt of Appeals for the Second Circuit · 1930
- Russell Grader Mfg. Co. v. F. B. Zeig Mfg. Co.Court of Appeals for the Sixth Circuit · 1919
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