Boston Pencil Pointer Co. v. Automatic Pencil Sharpener 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 by the Boston Pencil Pointer Company against the Automatic Pencil Sharpener Company for infringement of a patent. 'Decree for plaintiff, and defendant appeals. Suit is upon claims 1-1 of Wilson patent, 1.305,855. for a “chip receptacle for pencil pointers.”
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Appeal from the District Court of the United States for the Southern District of New York. Suit by the Boston Pencil Pointer Company against the Automatic Pencil Sharpener Company for infringement of a patent. 'Decree for plaintiff, and defendant appeals. Suit is upon claims 1-1 of Wilson patent, 1.305,855. for a “chip receptacle for pencil pointers.” The first (and most general) claim is as follows: “Á chip receptacle for pencil pointers, comprising a transparent: body portion and nontransparent end portions secured to said transparent body portion.” The article patented is an adjunct to a…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). A pencil sharpener whose chips and dust fall into a receptacle with metal ends and celluloid sides is now too familiar an office appliance to need more than mention. Tlie evidence before us is almost wholly devoted to emphasizing ilie commercial success producing this familiarity. The small remnant of oral testimony relates the history of the patented article — briefly that the idea of a transparent chip catcher found too expensive an embodiment in glass, was not attractive when wholly celluloid, though improved by blackening the celluloid ends, but became…
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