Tate v. Baltimore & O. R.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the District of Maryland, at Baltimore; John C. Rose, Judge. Action by John H. Tate against the Baltimore & Ohio Railroad Company for infringement of letters patent No. 643,560, for an improvement in locomotives, granted Eebruary 13, 1900, to J. B. Tate. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WOODS, Circuit Judge.
In this action of Tate, patentee, to recover damages from the Baltimore & Ohio Railroad Company for infringement of a patent for an improvement in locomotives, the District Judge at the close of the evidence directed a verdict for.the defendant, holding: (1) That the device of the patentee had been anticipated by the Sharp British patent; (2) that the second claim of the patentee under which the suit was brought was too broad, in that it covered, not only his device, but the prior art. Error is assigned in both holdings.
In his specifications the patentee said:
“My…
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- Potts v. CreagerSupreme Court of the United States · 1895
- McCarty v. Lehigh Valley RailroadSupreme Court of the United States · 1895
- Singer Manufacturing Co. v. CramerSupreme Court of the United States · 1904
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