Union Typewriter Co. v. L. C. Smith & Bros.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the Western District of Pennsylvania. Suit in equity by the Union Typewriter Company against L. C. Smith & Bros. Typewriter Company and E. N. Price. Decree for defendants (173 Eed. 288), and complainant appeals.
1Opinion of the Court
LANNING, Circuit Judge.
The following are conceded facts in this case:
On May, 2, 1890, James D. Daugherty filed an application for a patent for improvements in typewriting machines. On June 1, 1891, he voluntarily canceled certain of the claims then standing in the application, giving notice in his letter of cancellation that the canceled claims would be made the subject of a divisional application within a few days. On June 9, 1891, the divisional application was filed, in which he said:
“I do not make any claim- in this application to the pivoted shifting frame carrying the type-bars, whereby…
2Cases cited1 opinion
- Union Typewriter Co. v. L. C. Smith & Bros.U.S. Circuit Court for the District of Western Pennsylvania · 1909
3Cited by5 opinions
- Helen Russell Pierce, of the Last Will and Testament of George Washington Pierce, Deceased v. Allen B. Du Mont Laboratories, IncCourt of Appeals for the Third Circuit · 1961
- Deister Concentrator Co. v. Deister Mach. Co.Court of Appeals for the Seventh Circuit · 1920
- In Re MuskatCourt of Customs and Patent Appeals · 1951
- Juster v. GrossmanSupreme Court of Minnesota · 1949
- Reed Roller Bit Co. v. Brewster Co.Court of Appeals for the First Circuit · 1933