Auto Pneumatic Action Co. v. Kindler & Collins
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Auto Pneumatic Action Company against Kindler & Collins, the Gavióla Company, the Superior Pneumatic Action Company, and the Needham Piano Company. Decree for complainant, and defendants appeal.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Auto Pneumatic Action Company against Kindler & Collins, the Gavióla Company, the Superior Pneumatic Action Company, and the Needham Piano Company. Decree for complainant, and defendants appeal. This is an appeal from a decree of the District Court for the Southern District of New York (A. N. Hand, District Judge, presiding), holding valid and infringed plaims 26, 27, and 31 of patent 766,601 to T. Danquard, August 2, 1904. The patent relates to mechanical players attached to…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above), [1] The most important question in this case is the validity of the patent as against the prior art. Concededly the best anticipation is Brown’s patent for a mechanical player contained within the case. Literally this does not come within any of the claims, for the “strikers,” though actuated by the “abstracts,” as Danquard calls them, or the. “pins, 19,” as Brown speaks of them, are arranged below the lever of the bellows and not above. This prevents a literal anticipation of claims 26 and 27, and similarly prevents anticipation of claim 31, in which the…
2Cases cited1 opinion
- Hobbs v. BeachSupreme Court of the United States · 1901
3Cited by25 opinions
- Spalding v. John WanamakerCourt of Appeals for the Second Circuit · 1919
- Harvey Hubbell, Inc. v. General Electric Co.Court of Appeals for the Second Circuit · 1920
- R. Hoe & Co. v. Goss Printing Press Co.Court of Appeals for the Second Circuit · 1929
- Catalin Corporation of America v. Catalazuli Mfg. Co.Court of Appeals for the Second Circuit · 1935
- Denominational Envelope Co. v. Duplex Envelope Co.Court of Appeals for the Fourth Circuit · 1935
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