Witzel v. Butler Bros.
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. Suit in equity by Charles J. Witzel and the Englandor Spring Bed Company against Butler Bros. From the decree (229 Fed. 197), both parties appeal. This cause comes here upon cross-appeals from a decree in a suit for infringement of United States reissue patent No. 13,125, granted June 28, 1910, to Charles J. Witzel, for a wire mattress.
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Appeals from the District Court of the United States for the Southern District of New York. Suit in equity by Charles J. Witzel and the Englandor Spring Bed Company against Butler Bros. From the decree (229 Fed. 197), both parties appeal. This cause comes here upon cross-appeals from a decree in a suit for infringement of United States reissue patent No. 13,125, granted June 28, 1910, to Charles J. Witzel, for a wire mattress. Judge Learned Hand dismissed the bill as to .claims 19, 20, 22, and 24; he held claim 23 to be valid and infringed. Each side appealed from so much of the decree as…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). The patentee states that the object of his device is not only to hold the hair mattress in, place on the wire mattress, but also to prevent its unsightly spreading. This is accomplished by extending the sides of the wire mattress and then bending them up at right angles, so that they will act as side guards to maintain the hair mattress in its original boxlike form and shape. These side guards are themselves stiffened and held in place by reinforcing strands, which, as stated in the specifications and shown in the figures, are kept rigidly in taut position…
2Cases cited1 opinion
- Witzel v. Butler Bros.Court of Appeals for the Second Circuit · 1915