Legal Opinion

M'Millin v. Barclay

U.S. Circuit Court for the District of Western Pennsylvania

Decided November 15, 1871PublishedCited by 5 opinions

Pinal hearing on pleadings and proofs. Suit brought [by John S. M’Millin, Hugh Campbell, and John Shaffer against James Barclay and others] upon two letters patent, granted to complainant, John S. M’Millin, one for “improvements in capstans for steamboats and other vessels,” dated February 20, 1866; and the other for “improvements in applying steam-power to the capstans of steamboats and other crafts,” dated April 16, 1867. The claims of those patents were as follows: Patent…

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Pinal hearing on pleadings and proofs. Suit brought [by John S. M’Millin, Hugh Campbell, and John Shaffer against James Barclay and others] upon two letters patent, granted to complainant, John S. M’Millin, one for “improvements in capstans for steamboats and other vessels,” dated February 20, 1866; and the other for “improvements in applying steam-power to the capstans of steamboats and other crafts,” dated April 16, 1867. The claims of those patents were as follows: Patent of 1S66; “The arrangement of the wheels, 1, m, n. o, lc, j, i, h, e, and d, shafts, 6, 5, 4, 3, and B, capstan-barrel,…

1Opinion of the Court

McKENNAN, Circuit Judge.

June 9, 1855, John S. M’Millin, one of the complainants, filed a caveat in the patent office; and, on the 23d of July following, an application for a patent for a new and useful improvement in applying steam-power to the capstans of steamboats and other crafts. After several rejections and repeated renewals of his application, a patent was finally granted to him April 16, 1867, No. 63,917.

April 25, 1865, he applied for a patent for new and useful improvements in capstans for steamboats and other vessels, which was patented February 20, 1866, No. 52,730.

Of his interest…

2Cases cited4 opinions

  1. Morris v. McMillinSupreme Court of the United States · 1884
  2. Stoutenburgh v. WhartonUnited States Circuit Court · 1883
  3. McMillan v. ReesU.S. Circuit Court for the District of Western Pennsylvania · 1880
  4. McMillin v. St. Louis & Vicksburgh Anchor LineU.S. Circuit Court for the District of Eastern Missouri · 1884

3Cited by5 opinions

  1. Ide v. Trorlicht, Duncker & Renard Carpet Co.Court of Appeals for the Eighth Circuit · 1902
  2. Andrews v. HoveySupreme Court of the United States · 1888
  3. Mast, Foos & Co. v. Dempster Mill Manuf'g Co.Court of Appeals for the Eighth Circuit · 1897
  4. Chicopee Manufacturing Corp. v. Columbus Fiber Mills Co.District Court, M.D. Georgia · 1958
  5. Jorgen v. Kierulff v. Metropolitan Stevedore CompanyCourt of Appeals for the Ninth Circuit · 1963

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