Legal Opinion

Stillwell v. McPherson

Court of Appeals for the Second Circuit

Decided November 10, 1914No. 30PublishedCited by 5 opinions

Appeal from the District Court of the United States for the Northern District of New York. On appeal from a decree of the District Court for the Northern District of New York dismissing the bill which was filed for the infringement of letters patent granted to James H. Watson of Craw-fordsviile, Ind., for a corrugated inetal culvert.

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Appeal from the District Court of the United States for the Northern District of New York. On appeal from a decree of the District Court for the Northern District of New York dismissing the bill which was filed for the infringement of letters patent granted to James H. Watson of Craw-fordsviile, Ind., for a corrugated inetal culvert. The patent is dated May 5, 1896, and expired May S, 1913. A demurrer to the bill was sustained by the Circuit Court (172 Fed. 151), but this decision was reversed by this court (183 Fed. 586, 106 C. C. A. 354). The decision on final hearing is reported in 207…

1Opinion of the Court

COXE, Circuit Judge.

The Watson patent has been so thoroughly discussed in the opinions of the District Court and of this court that it will serve no useful purpose to repeat in detail what is there said regarding the patent and the disclosures of the prior art. The patent is for a corrugated metal culvert. It is unusually plain and simple in its description and drawings and, for the purposes of this decision, is sufficiently described in the single claim, which is as follows:

“A culvert constructed of street metal and conrprising connected cylindrical sections provided with circumferential…

2Cited by5 opinions

  1. Atlantic, Gulf & Pacific Co. v. WoodCourt of Appeals for the Fifth Circuit · 1923
  2. United Shoe MacHinery Corporation v. EH Ferree Co.Court of Appeals for the Second Circuit · 1933
  3. Wire Wheel Corp. of America v. Madison Motor Car Co.District Court, W.D. Wisconsin · 1920
  4. McCord & Co. v. WoodsCourt of Appeals for the Seventh Circuit · 1917
  5. Mt. Vernon Car Mfg. Co. v. Pressed Steel Mfg. Co.Court of Appeals for the Seventh Circuit · 1923

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