Swain v. Holyoke Machine Co.
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts.
1Opinion of the Court
COLT, Circuit Judge.
This appeal relates to letters patent No. 535,467, granted to Asa M. Swain, the complainant, for a turbine water wheel. The application was filed January 10, 1881, and the patent issued March 12, 1895, 14 years thereafter. Only the first three claims are in issue.
The court below dismissed the bill on the ground that there had been an unrestricted sale of the patented machine embodied in claims 1 and 3 more than two years prior to the application (Rev. St. § 4886), and that claim 2 involved no invention over claim 3. 102 Fed. 910.
The evidence on the question of public use…
2Cases cited16 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Egbert v. LippmannSupreme Court of the United States · 1881
- Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
- Consolidated Fruit-Jar Co. v. WrightSupreme Court of the United States · 1877
- Hall v. MacNealeSupreme Court of the United States · 1883
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3Cited by10 opinions
- McCreery Engineering Co. v. Massachusetts Fan Co.Court of Appeals for the First Circuit · 1912
- Eastman v. Mayor of New YorkCourt of Appeals for the Second Circuit · 1904
- Wendell v. American Laundry Machinery Co.Court of Appeals for the Third Circuit · 1918
- Virginia-Carolina Peanut Picker Co. v. Benthall Mach. Co.Court of Appeals for the Fourth Circuit · 1916
- Wilkie v. Manhattan Rubber Mfg. Co.District Court, D. New Jersey · 1925
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