Legal Opinion

McKay-Copeland Lasting Mach. Co. v. Copeland Rapidlaster Manuf'g Co.

Court of Appeals for the First Circuit

Decided April 24, 1897No. 199PublishedCited by 2 opinions

Appeal from the Circuit Court of the United States for the District of Maine. This was a suit in equity by the McKay-Oopeland Lasting Machine Company against the Copeland Rapid-Laster Manufacturing Company for alleged infringement of letters patent No. 243,917, issued July 15, 1881, to R. H. Hurlbut and C. E. Kennard, for a machine for flanging the counters of boots and shoes.

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Appeal from the Circuit Court of the United States for the District of Maine. This was a suit in equity by the McKay-Oopeland Lasting Machine Company against the Copeland Rapid-Laster Manufacturing Company for alleged infringement of letters patent No. 243,917, issued July 15, 1881, to R. H. Hurlbut and C. E. Kennard, for a machine for flanging the counters of boots and shoes. The circuit court dismissed the bill after a hearing on the merits (77 Fed. 306), and the complainant has appealed.

1Per curiam

The whole controversy in this cause is in regard to the first and third claims of the complainant’s patent, which two claims are substantially the same. They relate to the single matter of clasping and drawing the leather of shoe counters closely to the last or former. Upon deliberate examination of the device covered by the two claims named, and making due allowance for the nature of the material to be manipulated, we are of opinion that the circuit court correctly held that the invention of the complainant was anticipated by the Kriebel patent, issued October 24, 1865. The decree of the…

2Cited by2 opinions

  1. United States Peg-Wood, Shank & Leather Board Co. v. B. F. Sturtevant Co.Court of Appeals for the First Circuit · 1903
  2. J. H. Day Co. v. Mountain City Mill Co.Court of Appeals for the Sixth Circuit · 1920

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