Thomas v. Rocker Spring Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuí! Court of the United States for the Eastern Division of the Northern District of Oído. This is an appeai in a patent case. The patent sued on Is for certain spring attachments'to "a tilting or rocking chair.” The defendant’s spring attachments charged to lie infringements are used on platform rocking chairs.
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Appeal from the Circuí! Court of the United States for the Eastern Division of the Northern District of Oído. This is an appeai in a patent case. The patent sued on Is for certain spring attachments'to "a tilting or rocking chair.” The defendant’s spring attachments charged to lie infringements are used on platform rocking chairs. He contends that he does not infringí», because the. patent sued on is so limited in its scope by reason of the proceedings in the patent oilice prior to its allowance that it camn; and does not cover springs used in platform rocking chairs. A platform rocking chair…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). If the specifications and claims of the patent were to be given effect without regard to the history of the art or the proceedings in the patent office, it might be conceded that the defendant’s device would come within the, scope of complainant’s monopoly. We must, however, use both aids in construing the patent.
It is claimed that the essence of complainant’s patent is the iise of a strong spiral spring rigidly attached to the rockers and base, to assist and resist the rocking motion of a rocking chair, and to keep the rockers in proper alignment with the…
2Cases cited5 opinions
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Shepard v. CarriganSupreme Court of the United States · 1886
- Leggett v. AverySupreme Court of the United States · 1880
- Crawford v. HeysingerSupreme Court of the United States · 1887
- Union Metallic Cartridge Co. v. United States Cartridge Co.Supreme Court of the United States · 1884
3Cited by20 opinions
- Bundy Mfg. Co. v. Detroit Time-Register Co.Court of Appeals for the Sixth Circuit · 1899
- Dowagiac Mfg. Co. v. Superior Drill Co.Court of Appeals for the Sixth Circuit · 1902
- Parke, Davis & Co. v. American Cyanamid Co.Court of Appeals for the Sixth Circuit · 1953
- Frey v. Marvel Auto Supply Co.Court of Appeals for the Sixth Circuit · 1916
- American Stove Co. v. Cleveland Foundry Co.Court of Appeals for the Sixth Circuit · 1908
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