Topliff v. Topliff
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT. OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. ■The court stated the case as follows: This was a bill in equity for the infringement of three patents, namely: (1) Patent No. 108,085, issued October 11,1870, to John B. Augur, for an improvement in gearing for wagons. (2) Patent No. 123,937, issued February 20, 1872, to Cyrus W. Saladee, for an improvement in carriage-springs and mode of attachment.
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APPEALS FROM THE CIRCUIT COURT. OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. ■The court stated the case as follows: This was a bill in equity for the infringement of three patents, namely: (1) Patent No. 108,085, issued October 11,1870, to John B. Augur, for an improvement in gearing for wagons. (2) Patent No. 123,937, issued February 20, 1872, to Cyrus W. Saladee, for an improvement in carriage-springs and mode of attachment. (3) Patent No. 122,079, issued December 19, 1871, to John A. Topliff and George "II. Ely, for an improvement in connecting carriage-springs,' reissued March…
1Opinion of the CourtJustice Brown
' delivered the opinion of the' court.
As the court below failed tó pass upon the Saladee patent in its decree, and as neither party has assigned this omission as error,, it is unnecessary to take it into consideration upon this appeal. There are really but two questions involved in this case: (1) the validity of the Augur patent, in view of the state of the art; (2) the validity of the Topliff and Ely reissue.(1) In the Augur patent the device, described consists of a rod attached to the rear axle of a side-spring buggy or other vehicle, having two links rigidly attached to the rod, one at…
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