Fassett v. Ewart Manuf'g Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. This was a suit by Nelson B. Fassett against the Ewart Manufacturing Company for infringement of a patent. The circuit court dismissed the bill. 58 Fed. 860. Complainant appealed. The appellant filed his bill in the court below to restrain the infringement of letters patent 377,370, issued February 7, 1888, for “machine for coupling chain links.”
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. This was a suit by Nelson B. Fassett against the Ewart Manufacturing Company for infringement of a patent. The circuit court dismissed the bill. 58 Fed. 860. Complainant appealed. The appellant filed his bill in the court below to restrain the infringement of letters patent 377,370, issued February 7, 1888, for “machine for coupling chain links.” Prior to 1874, outdoor machinery was operated by leather or rubber belting. In that year William B. Ewart invented an attachable link metal belt to overcome the…
1Opinion of the Court
JENKINS, Circuit Judge.
We are of opinion that this case is ruled by the case of Miller v. Manufacturing Co., 151 U. S. 186, 14 Sup. Ct. 310. There the patentee filed an application for an improvement in cultivators, consisting of a double-acting spring, the function of which was to depress the cultivators when inserted in the ground, and to lift them when raised above the dead point, the lifting power of the spring increasing as the plow beam rose. Two claims were made, one for the double action of the spring, and the other for the increasing lifting power of the spring as it rose. In…
2Cases cited2 opinions
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Gandy v. MarbleSupreme Court of the United States · 1887
3Cited by4 opinions
- Russell v. KernCourt of Appeals for the Seventh Circuit · 1895
- In Re LaughlinCourt of Customs and Patent Appeals · 1931
- Western Electric Co. v. Williams-Abbott Electric Co.Court of Appeals for the Sixth Circuit · 1901
- In re WoodsomeCourt of Appeals for the D.C. Circuit · 1926