Consolidated Electric Manuf'g Co. v. Holtzer
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a bill by Charles W. Holtzer against the Consolidated Electric Manufacturing Company and William Botch and Charles G-. Winter, its president and treasurer, respectively, for alleged infringement of letters patent No. 327,878, issued October 6, 1885, to Charles W. Holtzer, for an improvement in galvanic batteries.
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Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a bill by Charles W. Holtzer against the Consolidated Electric Manufacturing Company and William Botch and Charles G-. Winter, its president and treasurer, respectively, for alleged infringement of letters patent No. 327,878, issued October 6, 1885, to Charles W. Holtzer, for an improvement in galvanic batteries. The circuit court rendered a decree for complainant 60 Fed. 748. Defendants appeal.
1Opinion of the Court
PUTNAM, Circuit Judge.
The first claim covers, in an electric battery, a negative electrode, including cup, cover, and lip, cast solid, with an opening in the cover for the positive electrode. The phraseology of this claim is too clear to be limited to any special material as the constituent element of the negative electrode, so that the device of the appellant (defendant below) infringes, notwithstanding its cup is formed of a simple carbon, and not of agglomerate material. The second claim is like the first, except that it limits the inclosure of the battery to a glass jar, and adds the…
2Cases cited4 opinions
- Potts v. CreagerSupreme Court of the United States · 1895
- Watson v. StevensCourt of Appeals for the First Circuit · 1892
- Olin v. TimkenSupreme Court of the United States · 1894
- De Loriea v. WhitneyCourt of Appeals for the First Circuit · 1894
3Cited by19 opinions
- Standard Caster & Wheel Co. v. Caster Socket Co.Court of Appeals for the Sixth Circuit · 1901
- Western Willite Co. v. Trinidad Asphalt Mfg. Co.Court of Appeals for the Eighth Circuit · 1926
- Thomson-Houston Electric Co. v. Winchester Ave. Ry. Co.U.S. Circuit Court for the District of Connecticut · 1895
- General Electric Co. v. Yost Electric Mfg. Co.Court of Appeals for the Second Circuit · 1905
- Heap v. Tremont & Suffolk MillsCourt of Appeals for the First Circuit · 1897
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