Hillard v. Fisher Book Typewriter
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from an interlocutory decree holding valid and infringed claims 30 to 35 inclusive and claims 37, 38 and 41 of letters patent No. 580,281 granted to the complainant April 6, 1897, for improvements in typewriter escapements. The opinion of the Circuit Court is reported in 151 Fed. 34.
1Opinion of the Court
COXE, Circuit Judge.
This is an infringement action founded on letters patent granted to the complainant for improvements in typewriter escapements. We do not understand that the defendants deny patentability, the defense, briefly stated, being that if the claims are construed in accordance with the statements of the specification and file wrapper, they are not infringed, and, on the other hand, if a construction broad enough to cover the defendants’ machines is placed upon the claims, they are for functions only and are anticipated by complainant’s prior patent and by the prior art. The…
2Cases cited3 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1881
- Thomson-Houston Electric Co. v. Elmira & H. Ry. Co.Court of Appeals for the Second Circuit · 1896
- Wagner Typewriter Co. v. Wyckoff, Seamans & BenedictCourt of Appeals for the Second Circuit · 1907
3Cited by28 opinions
- Dewey & Almy Chemical Co. v. Mimex Co.Court of Appeals for the Second Circuit · 1942
- Remington Cash Register Co. v. National Cash Register Co.District Court, D. Connecticut · 1925
- Van Heusen Products, Inc. v. Earl & WilsonDistrict Court, S.D. New York · 1924
- H. K. Regar & Sons, Inc. v. Scott & Williams, Inc.Court of Appeals for the Second Circuit · 1933
- Fleischman Yeast Co. v. Federal Yeast CorporationDistrict Court, D. Maryland · 1925
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