Manton-Goulin Mfg. Co. v. Dairy Machinery & Construction Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the District of Connecticut. Suit in equity by the Manton-Goulin Manufacturing Company against the Dairy Machinery & Construction Company. Decree for complainant, and defendant appeals.
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Appeal from the District Court of the United States for the District of Connecticut. Suit in equity by the Manton-Goulin Manufacturing Company against the Dairy Machinery & Construction Company. Decree for complainant, and defendant appeals. This is an appeal from a final decree in the District Court (238 Fed. 210), Thomas, J., presiding, for the District of Connecticut awarding the usual interlocutory decree of infringement upon patent 756,953, issued on April 12, 1904, to A. Gaulin. This patent had for its object an improved apparatus for intimately mixing milk and other liquids more or…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). The crucial question in this case is of infringement, and its answer depends altogether upon whether in operation the liquid passes between the faces of the discs elsewhere than at the grooves. If so, it can do so only by the elasticity of the metal in the spindle. We shall show later that, if the spindle through its inherent elasticity does allow the discs to separate, both the language of the claim and the theory of operation of the disclosure have been infringed, but at the outset the question of physical fact must be considered.
We think that the discs…
2Cases cited1 opinion
- Parsons Non-Skid Co. v. Atlas Chain Co.Court of Appeals for the Second Circuit · 1912
3Cited by8 opinions
- Remington Cash Register Co. v. National Cash Register Co.District Court, D. Connecticut · 1925
- Henry J. Kaiser Company v. McLouth Steel Corp.District Court, E.D. Michigan · 1966
- McKinnon Chain Co. v. American Chain Co.Court of Appeals for the Third Circuit · 1920
- Stanton v. Carlson Sales, Inc.Connecticut Superior Court · 1998
- Palmer v. John K. Stewart & Sons, Inc.District Court, N.D. New York · 1920
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