Legal Opinion

Republic Rubber Co. v. Morgan & Wright

Court of Appeals for the Second Circuit

Decided May 13, 1912No. 203PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Republic Rubber Company against Morgan & Wright. Decree for complainant, and defendants appeal. Appeal from a decree sustaining' the validity of the first claim of letters patent No. 898,907, issued to Tod H. Mell, assignor of the complainant, on September 15, 1908, for an improvement in tires for vehicle wheels.

1Opinion of the Court

NOYES, Circuit Judge.

The patent in suit is for an improvement in resilient vehicle tires and consists, speaking broadly, in an arrangement of protecting studs around the tread surface of the tire, having for its primary object the obtaining of superior road gripping qualities and the preventing of the vehicle from side-slipping or “skidding.”

The first claim of the patent — which was sustained by the lower court — reads as follows:

“A tire for vehicle wheels, provided with outwardly projecting circumferentially arranged elongated studs each having inwardly diverging walls, a flat outer surface,…

2Cases cited1 opinion

  1. Hollister v. Benedict & Burnham Manufacturing Co.Supreme Court of the United States · 1885

3Cited by3 opinions

  1. Firestone Tire & Rubber Co. v. United States Rubber Co.Court of Appeals for the Sixth Circuit · 1935
  2. Republic Rubber Co. v. G. & J. Tire Co.Court of Appeals for the Seventh Circuit · 1914
  3. Firestone Tire & Rubber Co. v. United States Rubber Co.Court of Appeals for the Sixth Circuit · 1935

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