Masten v. Hunt
U.S. Circuit Court for the District of Massachusetts
In Equity. Suit by Cornelius E. Masten against Edmund S. Hunt et al. for infringement of letters patent No. 321,833, issued July 7,1885, to complainant for a firecracker.
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In Equity. Suit by Cornelius E. Masten against Edmund S. Hunt et al. for infringement of letters patent No. 321,833, issued July 7,1885, to complainant for a firecracker. The specification and claim of the patent are as follows: Be it known that I„Cornelius E. Masten, of Boston, in the county of Suffolk, state of Massachusetts, have invented a certain new and useful improvement in firecrackers, of which the following is a description sufficiently full, clear,'and exact' to enable any person skilled in the art or science to which said invention appertains to make and use the same, reference…
1Opinion of the Court
Putnam, Circuit Judge.
This case arises on the first claim in complainant’s patent, and the only defense alleged at the argument was non-infringement. This defense, however, involves the construction of tire claim in question, as the defendants are manufacturing the article described by it, except only that they use a continuous safety fuse instead of the “match, B,” and the “fuse, C." It seems to me that to restrain respondents in this cause, would give complainant a monopoly of all so called “cannon crackers” in the manufacture of which a clay plug is forced into the body of the cracker…
2Cases cited4 opinions
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889
- Vance v. CampbellSupreme Court of the United States · 1862
- Dryfoos v. WieseSupreme Court of the United States · 1888
3Cited by3 opinions
- United States Peg-Wood, Shank & Leather Board Co. v. B. F. Sturtevant Co.Court of Appeals for the First Circuit · 1903
- Ball & Socket Fastener Co. v. C. A. Edgarton Mfg. Co.Court of Appeals for the First Circuit · 1899
- Hart & Hegeman Manuf'g Co. v. Anchor Electric Co.U.S. Circuit Court for the District of Massachusetts · 1897