Evans v. Suess Ornamental Glass Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois, Northern Division. This was a suit in equity by Samuel Evans and Charles L. Raw-son against the Suess Ornamental Glass Company, John B. Suess, Max Suess, and Emily Suess for alleged infringement of a patent for improvement in processes of chipping glass.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois, Northern Division. This was a suit in equity by Samuel Evans and Charles L. Raw-son against the Suess Ornamental Glass Company, John B. Suess, Max Suess, and Emily Suess for alleged infringement of a patent for improvement in processes of chipping glass. The circuit court dismissed the bill, holding that the patent was void for want of novelty in view of the prior state of the art. 81 Eed. 198. From this decree complainants have appealed. The appeal in this case, brought to obtain an injunction and other…
1Opinion of the CourtWoods, Circuit Judge
We are not able to perceive that the conclusion of the circuit court was erroneous. The chief feature of novelty, as asserted in the briefs for appellants, and especially at the oral argument, was, in the language of the second claim, “in removing the flexible pattern from the glass,- together with the glass-chipping compound thereover, while the glass-chipping compound is in a liquid condition.” That step in the process is fairly anticipated in the prior art. In the Shaw patent, No. 15,532, which was for a method of lettering and ornamenting glass, patterns, preferably of tin-foil or…
2Cases cited3 opinions
- Caverly v. DeereCourt of Appeals for the Seventh Circuit · 1895
- Russell v. KernCourt of Appeals for the Seventh Circuit · 1895
- Clark v. Deere & Mansur Co.Court of Appeals for the Seventh Circuit · 1897
3Cited by6 opinions
- Butcher v. Truck Insurance ExchangeCalifornia Court of Appeal · 2000
- In Re TuckerCourt of Customs and Patent Appeals · 1932
- McKinnon Chain Co. v. American Chain Co.Court of Appeals for the Third Circuit · 1920
- Capital Apartment Corp. v. VassosCourt of Appeals for the D.C. Circuit · 1933
- State Ex Rel. Squire v. Cleveland CityOhio Court of Appeals · 1937
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