Charles Hunnicutt Co. v. A. B. Gaston Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Western District of Pennsylvania; James S. Young, Judge. Suit in equity by the Charles Hunnicutt Company against the A. B. Gaston Company, a partnership, and the A. B. Gaston Company, a corporation. Decree for defendants, and complainant appeals.
1Opinion of the Court
J. B. McPHERSON, Circuit Judge.
[1] The opinion of the District Court in this case was delivered by the late Judge Young, and is reported in 207 Fed. at page 585. We agree with his satisfactory treatment of the questions discussed, and shall only add a few words in reference to the unpatented Kretchmer device.
[2] The patent in suit — for “a portable and manually operable corn-grading device for grading seed corn” — was applied for by Charles Hunnicutt on April 20, 1908, and of course, this is the prima facie date of the invention. A previous manufacture and public use by Kretchmer having been…
2Cases cited4 opinions
- Cantrell v. WallickSupreme Court of the United States · 1886
- Clark Thread Co. v. Willimantic Linen Co.Supreme Court of the United States · 1891
- Columbus Chain Co. v. Standard Chain Co.Court of Appeals for the Sixth Circuit · 1906
- Eck v. KutzU.S. Circuit Court for the District of Eastern Pennsylvania · 1904
3Cited by8 opinions
- Twentieth Century Machinery Co. v. Loew Mfg. Co.Court of Appeals for the Sixth Circuit · 1917
- Oliver Machinery Co. v. GellmanCourt of Appeals for the Sixth Circuit · 1939
- Safety Gas Lighter Co. v. Fischer Bros.District Court, D. New Jersey · 1916
- Perlman v. Standard Welding Co.District Court, S.D. New York · 1915
- Carson v. American Smelting & Refining Co.District Court, W.D. Washington · 1923
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