Legal Opinion

Walker v. Giles

Court of Appeals for the Second Circuit

Decided November 10, 1914No. 56PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Northern District of New York. This cause comes here upon appeal from a decree of the District Court, Northern District of New York, holding that defendant had infringed United States patent No. 819,373, issued May 1, 1906, to Albert P. Olmstead, for an ice cream disher. Judge Ray’s opinion very fully discusses the questions raised in the cause. It is reported in 207 Fed. 825.

1Opinion of the Court

EACOMBE, Circuit Judge.

[1] The main point raised in the case is as to the construction to be given to the first claim, which is the only one involved. It reads as follows:

“A dipper for plastic material comprising in combination a handle and howl provided with a hub-bearing at the inner end of, and open to, the bowl; a toothed scraper-hub rotatively mounted in said hub-bearing and insertible and removable through the bowl, said hub having a peripheral flange overhanging on the inner side the teeth thereon; a scraper fixed upon said hub; and a hand lever mounted upon the handle and having a…

2Cases cited1 opinion

  1. In Re the Proceedings for the Disbarment of ClarkNew York Court of Appeals · 1906

3Cited by6 opinions

  1. Bassick Mfg. Co. v. Ready Auto Supply Co.District Court, E.D. New York · 1927
  2. Weber Electric Co. v. Union Electric Co.District Court, D. New Jersey · 1915
  3. Samson-United Corp. v. EmanuelCourt of Appeals for the Second Circuit · 1940
  4. Anchor Cap & Closure Corp. v. PritchardDistrict Court, S.D. New York · 1916
  5. Gilchrist Co. v. Erie Specialty Co.Court of Appeals for the Third Circuit · 1916

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