Legal Opinion

American Wood-Paper Co. v. Fibre Disintegrating Co.

Supreme Court of the United States

Decided January 26, 1874PublishedCited by 43 opinions

Cross Appeals from the Circuit Court for the Eastern District of New York. The preceding case has treated somewhat of the manufacture of paper; though that case had reference chiefly to a manufacture from rags, and-by mechanical means. The present case concerns the manufacture of paper; though this ease relates more to manufacture from wood, &c., and by chemical agencies.

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Cross Appeals from the Circuit Court for the Eastern District of New York. The preceding case has treated somewhat of the manufacture of paper; though that case had reference chiefly to a manufacture from rags, and-by mechanical means. The present case concerns the manufacture of paper; though this ease relates more to manufacture from wood, &c., and by chemical agencies. As most persons know, the materials out of which paper is made, have to be reduced in the paper-mill, before the paper is formed, into what is known as pulp. This pulp, whether obtained from wood or other vegetable…

1Opinion of the Court

Mi’. Justice STRONG

delivered the opinion of the court.

Though the two reissued patents (Nos. 1448 and 1449 * ) were granted on the same day and to the same patentees, and though they are both substitutes for the one original patent granted July 18th, 1854, antedated August 19th, 1858, they are to be carefully distinguished one from the other. The first (No. 1448) is a patent for a product or a manufacture, and not for any process by which the product may be obtained. The second (No. 1449) is for a process and not for its product. It is quite obvious that a manufacture, or a product of a…

2Cited by43 opinions

  1. Smithkline Beecham Corp. v. Apotex [Corrected Date]Court of Appeals for the Federal Circuit · 2006
  2. Mahn v. HarwoodSupreme Court of the United States · 1884
  3. Abbott Laboratories v. Sandoz, Inc.Court of Appeals for the Federal Circuit · 2009
  4. Atlantic Thermoplastics Co., Inc., James B. Sullivan and Richard B. Fox v. Faytex Corporation, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1992
  5. Parke-Davis & Co. v. H. K. Mulford Co.U.S. Circuit Court for the District of Southern New York · 1911

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