Kokomo Fence MacHine Co. v. Kitselman
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. This was a suit in the Circuit Court of the United States for the District of Indiana for infringement of claims 1, 2, 3, 9, 10,11,15 and 20 of letters patent No. 356,322, issued January 18,1887, to Alva L. Kitselman and Davis M. Kitselman for an improvement in wire fabric machines ; of claims-1 and 2 of letters patent No. 289,507, issued December 4, 1883, to W. J. Davisson for an improved machine for making…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. This was a suit in the Circuit Court of the United States for the District of Indiana for infringement of claims 1, 2, 3, 9, 10,11,15 and 20 of letters patent No. 356,322, issued January 18,1887, to Alva L. Kitselman and Davis M. Kitselman for an improvement in wire fabric machines ; of claims-1 and 2 of letters patent No. 289,507, issued December 4, 1883, to W. J. Davisson for an improved machine for making wire fabrics; of claims 2, 3 and 4 of letters patent No. 357,067, issued February 1, 1887, to Theodore M. Connor for…
1Opinion of the CourtChief Justice Fuller
The Circuit Court was of opinion that neither of complainants’ patents was a pioneer invention ; that they were all merely improvements on the prior art, and to be construed in that light; that complainants could not be treated on. the basis that they or their assignors were the first to make a portable machine for weaving wire fencing fabric in the field, which claim had been distinctly made by complainants, rejected by the Patent Office, and the claim thereupon withdrawn. In its judgment, complainants and defendant contended as to infringement on an equal field, the presumption of the…
2Cited by97 opinions
- Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
- Cimiotti Unhairing Co. v. American Fur Refining Co.Supreme Court of the United States · 1905
- Williams Manufacturing Co. v. United Shoe MacHinery Corp.Supreme Court of the United States · 1942
- MacKay Radio & Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1939
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
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