Engineer Co. v. Hotel Astor
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree, finding infringement o£ two patents. Both patents relate to the regulation of boiler furnaces by what is now known as the “balanced draft” system.
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree, finding infringement o£ two patents. Both patents relate to the regulation of boiler furnaces by what is now known as the “balanced draft” system. The patentee Embury McLean filed an original application May 23, 1904, covering a method and apparatus; under the requirements of the Patent Office this resulted in two patents, No. 817,438, issued April, 10, 1906, for the apparatus and No. 826,349 issued July 17, 1906. Both patents naturally describe the same…
1Opinion of the Court
LACOMBE, Circuit Judge.
We are entirely satisfied to sustain the decree on the opinion of Judge Plough, which very clearly and accurately describes McLean’s contribution to the art, with its automatic synchronous control and regulation of both ends of the draft which enters below the fire box' and leaves through the chimney-stack.
Some reference, however, should be made to- the Peck British patent 11,033 of 1893, which is not discussed in the opinion of the District Judge for the obvious reason that defendant’s experts evidently considered it of no particular importance, dismissing it with the…
2Cited by3 opinions
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- Dalton Adding Mach. Co. v. Rockford Milling Mach. Co.District Court, N.D. Illinois · 1918
- Plant Products Co. v. Charles Phillips Chemical Co.Court of Appeals for the Second Circuit · 1938