Schwarzwalder v. New York Filter Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This was a suit by the New York Filter Company against Henry Sehwarzwalder, August Finck, and the O. H. Jewell Filter Com-puny for infringement of letters patent No. 293,740, for an improvement in the art of filtering water.
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Appeal from the Circuit Court of the United States for the Southern District of New York. This was a suit by the New York Filter Company against Henry Sehwarzwalder, August Finck, and the O. H. Jewell Filter Com-puny for infringement of letters patent No. 293,740, for an improvement in the art of filtering water. There was a decree for complainant directing an injunction and an accounting. 01 Fed. 840. Thereafter a motion by defendants for leave to amend the answer and take new proofs was denied. 62 Fed. 582. From the decree for complainant, defendants appealed. This is an appeal from a…
1Opinion of the CourtWallace, Circuit Judge
(after stating the facts). In their assignment of errors the appellants insist that the decree of the court below proceeded upon a wrong construction of the patent, and that, properly construed, it should have been adjudged void for want of novelty. They also insist that, if it be capable of a sufficiently narrow construction to uphold its validity, they have not infringed it.
The patent relates to improvements in the art of filtration. These improvements, as disclosed by the description in the patent and an examination of the prior state of the art, lie within plain boundaries; but we regret…
2Cases cited1 opinion
- Dunbar v. MyersSupreme Court of the United States · 1876
3Cited by14 opinions
- Carson v. American Smelting & Refining Co.Court of Appeals for the Ninth Circuit · 1925
- Permutit Co. v. Harvey Laundry Co.District Court, W.D. New York · 1921
- Leishman v. Associated Wholesale Electric Co.Court of Appeals for the Ninth Circuit · 1943
- Manhattan General Const. Co. v. Helios-Upton Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1905
- New York Filter Manuf'g Co. v. Niagara Falls Waterworks Co.Court of Appeals for the Second Circuit · 1897
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