Bonsack Mach. Co. v. Elliott
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. These were suits iu equity by the Bonsack Machine Company against Henry C. Elliott, and by the Bonsack Machine Company and the American Tobacco Company against the National Cigarette & Tobacco Company and others, for infringement of four patents for cigarette machines.
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Appeal from the Circuit Court of the United States for the Southern District of New York. These were suits iu equity by the Bonsack Machine Company against Henry C. Elliott, and by the Bonsack Machine Company and the American Tobacco Company against the National Cigarette & Tobacco Company and others, for infringement of four patents for cigarette machines. In the circuit court certain claims of each patent sued on were sustained, and found to be infringed, and a decree was entered for complainants accordingly. (53 Fed. 835. Defendants appealed to this court, which, on June 28,1895, rever sed…
1Opinion of the Court
SHIPMAN, Circuit Judge.
The complainants in the above-entitled causes applied for a rehearing upon two questions: (1) The proper interpretation of claims'10 and 12 of the Emery patent, No. 216,161; (2) the question of infringement, of said claims, — and the application was granted. The original opinion of the court states the fads in regard to the Hook, Abadie, and Emery belt patents (16 C. C. A. 250, 69 Fed. 335), but some repetition may be desirable. The Hook machine was the first attempt to manufacture a rolled and wrapped cigarette of indefinite length. It attempted to compress the tobacco…
2Cases cited1 opinion
- Bonsack Mach. Co. v. ElliottCourt of Appeals for the Second Circuit · 1895