Legal Opinion

Felt & Tarrant Mfg. Co. v. Mechanical Accountant Co.

U.S. Circuit Court for the District of Rhode Island

Decided April 4, 1904No. 2,645PublishedCited by 4 opinions

In Equity. Suit for infringement of letters patent No. 371,496 for an adding machine, granted to D. E. Felt October 11, 1887. On motion for preliminary injunction.

1Opinion of the Court

BROWN, District Judge.

The patent to Felt, No. 371,496, dated October 11, 1887, is for improvements in adding machines, and especially for improvements upon the machine of Felt’s prior patent, No. 366,945, dated July 19, 1887. The patent in suit has not been adjudicated, and the evidence of public acquiescence in the claims in suit is not satisfactory, for the reason that the complainant’s commercial machine is not constructed under a single patent, but contains also many features claimed in the prior patent. See Upton v. Wayland (C. C.) 36 Fed. 691; George Ertel Co. v. Stahl, 65 Fed. 519, 13…

2Cases cited5 opinions

  1. Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
  2. Kokomo Fence MacHine Co. v. KitselmanSupreme Court of the United States · 1903
  3. George Ertel Co. v. StahlCourt of Appeals for the Seventh Circuit · 1895
  4. Colt's Patent Firearms Mfg. Co. v. WessonCourt of Appeals for the First Circuit · 1903
  5. Upton v. WaylandU.S. Circuit Court for the District of Southern New York · 1888

3Cited by4 opinions

  1. Ruben Condenser Co. v. Copeland Refrigeration Corp.Court of Appeals for the Second Circuit · 1936
  2. Robinson v. Tubular Woven Fabric Co.District Court, D. Rhode Island · 1917
  3. Scott & Williams, Inc. v. Hemphill Mfg. Co.District Court, D. Rhode Island · 1917
  4. General Electric Co. v. SmithU.S. Circuit Court for the District of Massachusetts · 1909

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