Pope Mfg. Co. v. Arnold, Schwinn & Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. Suit in equity by the Pope Manufacturing Company against Arnold, Schwinn & Company. Decree for defendant, and complainant appeals.
Read the full summary
Appeal from the Circuit Court of the United States for the Northern District of Illinois. Suit in equity by the Pope Manufacturing Company against Arnold, Schwinn & Company. Decree for defendant, and complainant appeals. This cause comes here upon appeal from a decree dismissing a bill of complaint, in common form, alleging infringement of claims 1 and 6 of United States patent No. 392,973; granted to William E. Smith on November 13, 1888, on an applicátion filed February 16, 1888, for improvements in bicycles.
1Opinion of the Court
CARPENTER, District Judge.
The claims alleged to be infringed read as follows:
“1. In a rear-driving front-steering .bicycle, tbe frame or reach provided with the rigid transverse tube o, built rigidly into and forming an integral part of said frame, and adapted, substantially as described, to receive the pedal shaft.”
“6. In a frame for bicycles and kindred machines, a transverse receiving ■ tube, c, provided with necks, c« and e¡>, to receive the front and rear ends of the frame or reach.”
These claims indicate that the invention involves a' pedal shaft bearing tube, so constructed transversely…
2Cases cited2 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Cohn v. United States Corset Co.Supreme Court of the United States · 1876
3Cited by1 opinion
- Walker Mfg. Co. v. Illinois Brass Mfg. Co.Court of Appeals for the Seventh Circuit · 1920