Wooster v. Calhoun
U.S. Circuit Court for the District of Southern New York
[This was a bill in equity by Emma C. Wooster against John C. Oallioun and others. Final hearing on pleadings and proofs. Suit brought on letters patent [No. 42,403] for “improvement in band-ruffles.” granted Thomas Robjolm. April 19, 1S04, and assigned to complainant. The claim of the patent is “a banded ruffle, whether crimped, fluted, ruffled, or shirred, when said ruffle is made of two thicknesses of goods, substantially as herein described.”] 2
1Opinion of the Court
WOODRUFF, Circuit Judge.
My conclusion in this case is, that the bill of the complainant, upon the proofs herein, cannot be sustained.
1. Irrespective of the specific question, whether the alleged inventor, Thomas Rob-john, was the first to make the precise ruffle described in the patent, or whether, on the other hand, it was made at an earlier date by the defendants, I am of opinion, that, in the state of the art at the time when the complainant claims that Robjohn invented the ruffle in question, it was not the subject of invention. It embodied no new idea whatever. In mechanical…
2Cited by6 opinions
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- Holliday v. PickhardtU.S. Circuit Court for the District of Southern New York · 1887
- Excelsior Needle Co. v. Union Needle Co.U.S. Circuit Court for the District of Southern New York · 1885
- Blumenthal v. BurrellU.S. Circuit Court for the District of Northern New York · 1890
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