Schillinger v. Gunther
U.S. Circuit Court for the District of Southern New York
[This was a bill in equity by John J. Schil-linger against Hermann A. Gunther for the infringement of re-issued, letters patent No. 4,304, granted to plaintiff May 2, 1871, the original letters patent, No. 105,599, having been granted July 19, 1870.]
1Opinion of the Court
BLATCHFORD, Circuit Judge.
The defendant contends, that the first claim of the plaintiff’s re-issued patent is for a concrete pavement laid in detached blocks or sections, and that such claim is void, because blocks of cement had before been made, and carried to the place where they were to be used, and laid down side by side, thus forming a sectional cement pavement having all the advantages of the plaintiff’s pavement. This view is not sound. The first claim of the re-issued patent claims “a concrete pavement, laid in detached blocks or sections, substantially in the manner shown and…
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