Auto Vacuum Freezer Co. v. William A. Sexton Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Auto Vacuum Freezer Company against the William A. Sexton Company. Uecree for complainant, and defendant appeals.
1Opinion of the Court
COXE, Circuit Judge.
This is an appeal by the defendant from a decree holding that claims 3 and 5 of the patent to William B. Mc-Cann for an ice cream freezer are valid and infringed. The defenses are lack of invention, anticipation and noninfringement. No experts were called for the reason, which clearly appears, that the patented structure is so simple that no technical knowledge was needed. This is a practice which should be encouraged in mechanical patent cases, where the construction is obvious and easily understood. It saves time, labor and expense.
[1] The patent in suit, No. 1,013,672,…
2Cases cited4 opinions
- MacHine Co. v. MurphySupreme Court of the United States · 1878
- Keystone Bridge Co. v. Phoenix Iron Co.Supreme Court of the United States · 1877
- Fay v. CordesmanSupreme Court of the United States · 1883
- Water-Meter Co. v. DesperSupreme Court of the United States · 1880
3Cited by10 opinions
- Kurtz v. Belle Hat Lining Co.Court of Appeals for the Second Circuit · 1922
- Samson-United Corp. v. Sears, Roebuck & Co.Court of Appeals for the Second Circuit · 1939
- Guaranty Trust Co. of New York v. Union Solvents Corp.District Court, D. Delaware · 1931
- Homer Brooke Grass Co. v. Hartford-Fairmont Co.Court of Appeals for the Second Circuit · 1919
- Imperial Machine & Foundry Corp. v. American Machinery Co.District Court, S.D. New York · 1921
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