Whitehead & Hoag Co. v. Kortz
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the North■ern District of Ohio; William U. Day, Judge. Bill in equity by the Whitehead & Hoag Company against Conrad J. Kortz. From a decree dismissing the bill, complainant appeals. This was the usual infringement bill, based upon claim 1 of patent No. 653,296, issued July 10, 1900, to the Whitehead & Hoag Company, as assignee of William Hornich, Jr. It pertains to what is intended essentially as an advertising device.
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Appeal from the District Court of the United States for the North■ern District of Ohio; William U. Day, Judge. Bill in equity by the Whitehead & Hoag Company against Conrad J. Kortz. From a decree dismissing the bill, complainant appeals. This was the usual infringement bill, based upon claim 1 of patent No. 653,296, issued July 10, 1900, to the Whitehead & Hoag Company, as assignee of William Hornich, Jr. It pertains to what is intended essentially as an advertising device. There is a flat card designed to hang upon the wall and carry a calendar or analogous article in connection with…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). Without considering the question of infringement or the, defense of aggregation, we are satisfied that the claim sued upon is invalid for lack of invention. The structure recited in .the claim is merely'the application to a holding card and bill hook of the common mechanical expedient by which a slidable and rotatable shaft may at one end of its sliding movement be locked in any desired position of rotation by engagement between a projection carried by the shaft and independently-carried means for engaging the shaft projection. Whether we should take…
2Cases cited3 opinions
- American Carriage Co. v. WyethCourt of Appeals for the Sixth Circuit · 1905
- Galvin v. City of Grand RapidsCourt of Appeals for the Sixth Circuit · 1902
- Whitehead & Hoag Co. v. Bastian Bros.U.S. Circuit Court for the District of Western New York · 1908