Fowler v. City of New York
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Appeal from a decree (no Fed. 749) sustaining the demurrer filed by the defendants, and dismissing the bill on the ground that the patent upon which the bill is based is void for lack of patentability.
1Opinion of the Court
COXE, Circuit Judge.
This is an equity action for the threatened infringement of letters patent, No. 570,451, granted November 3, 1896, to Benjamin F. Carpenter for a “bitransit railway system.” The specification contains five double-column pages of description and ten claims. It explains with painstaking elaboration and minuteness the difficulties encountered in providing rapid transit in large cities and the remedies proposed by the patentee for overcoming these difficulties.
The defendants demurred upon the ground that the patent upon its face discloses an entire lack of patentable novelty…
2Cases cited4 opinions
- Richards v. Chase Elevator Co.Supreme Court of the United States · 1895
- Heaton Peninsular Button-Fastener Co. v. Schlocht-MeyerU.S. Circuit Court for the District of Southern Ohio · 1895
- Chinnock v. Paterson, P. & S. Tel. Co.U.S. Circuit Court for the District of New Jersey · 1901
- International Terra Cotta Lumber Co. v. MaurerU.S. Circuit Court for the District of Southern New York · 1890
3Cited by13 opinions
- Hotel Security Checking Co. v. Lorraine Co.Court of Appeals for the Second Circuit · 1908
- Bonnie-B Co. v. GiguetDistrict Court, S.D. New York · 1919
- Fichtel v. BarthelU.S. Circuit Court for the District of Southern New York · 1909
- International Mausoleum Co. v. SievertDistrict Court, N.D. Ohio · 1912
- Kuhn v. Look-Stub Check Co.Court of Appeals for the Second Circuit · 1908
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