Robert v. Krementz
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the District of New Jersey; John Rellstab, Judge. Suit in equity by Samuel Robert, trading as the A. R. T. Manufacturing Company, and Harold A. Dodge, against George Krementz trading as Krementz & Co. Decree for defendant, and complainants appeal.
1Opinion of the Court
WOOLLEY, Circuit Judge.
The bill charged infringement of claims 5 and 10 of Reissued Betters Patent No. 12,290 to H. A. Dodge for a match box. The District Court, while of opinion that infringement must be found if the claims are valid, dismissed the bill on the ground that claims 5 and 10 of the reissue are substantially the same as rejected claims 1 and 2 of the application for the original patent (Serial No. 162,236—Betters Patent No. 749,539); and that in acquiescing in their rejection from the original, the patentee is precluded from asserting them in the reissue.
As viewed by the District…
2Cases cited12 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- Miller v. Brass Co.Supreme Court of the United States · 1882
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Leggett v. AverySupreme Court of the United States · 1880
- Powder Co. v. Powder WorksSupreme Court of the United States · 1878
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3Cited by3 opinions
- Detrola Radio & Televison Corp. v. Hazeltine Corp.Court of Appeals for the Sixth Circuit · 1940
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- In re SmyserCourt of Customs and Patent Appeals · 1943