Legal Opinion

Johnson v. Foos Mfg. Co.

Court of Appeals for the Sixth Circuit

Decided November 29, 1905No. 1,418Published

Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio.

1Opinion

*89On Rehearing.

This case comes on now to be heard upon a petition to disallow all costs under sections 973 and 4922, Rev. St. [U. S. Comp. St. 1901, pp. 703, 3396], and to modify the opinion of the court in respect to the scope of the Johnson’s process claim. The suit was upon two patents. The first included three claims, one for a process and two for a mechanism by which the process might be employed. We sustained the process claim* as valid and found infringement. Only one of the mechanical claims was in issue, and that only was passed upon. That we held invalid as not involving invention.…

2Cases cited9 opinions

  1. O'Reilly v. MorseSupreme Court of the United States · 1854
  2. Gage v. HerringSupreme Court of the United States · 1883
  3. Eyre v. PotterSupreme Court of the United States · 1854
  4. Ide v. Trorlicht, Duncker & Renard Carpet Co.Court of Appeals for the Eighth Circuit · 1902
  5. Fairbanks, Morse & Co. v. StickneyCourt of Appeals for the Eighth Circuit · 1903

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