Legal Opinion

H. W. Johns Manuf'g Co. v. Robertson

Court of Appeals for the Second Circuit

Decided January 7, 1897PublishedCited by 2 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. This was a suit in equity by the II. W. Johns Manufacturing Company against Henry M. ítobertson and George T. Sinclair for infringement of a patent for an asbestus rope steam packing.

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Appeal from the Circuit Court of the United States for the Southern District of New York. This was a suit in equity by the II. W. Johns Manufacturing Company against Henry M. ítobertson and George T. Sinclair for infringement of a patent for an asbestus rope steam packing. The circuit court dismissed the bill, bolding that the claim sued on must be so limited by reference to the specifications as to avoid infringement, and, if not so limited, that it was anticipated. 60 Fed. 900. The complainant has appealed.

1Opinion of the Court

SHIPMAN, Circuit Judge.

This is an appeal from a decree of the circuit court for the Southern district of New York which dismissed the bill brought by the H. W. Johns Manufacturing Company against the defendants for an infringement of letters patent No. 257.167, dated May 2, 1882, and issued to Henry W. Johns, for an asbestus rope steam packing. In Judge Townsend’s opinion the full text of the specification is quoted (60 Fed. 900), from which it appears that the entire invention was an asbestus rope, with or without a central core of asbestus or hemp; the outside fibers of the rope being laid…

2Cases cited3 opinions

  1. Roberts v. RyerSupreme Court of the United States · 1875
  2. Rowell v. LindsaySupreme Court of the United States · 1885
  3. H. W. Johns Manuf'g Co. v. RobertsonU.S. Circuit Court for the District of Southern New York · 1894

3Cited by2 opinions

  1. E. M. Miller Co. v. Meriden Bronze Co.U.S. Circuit Court for the District of Connecticut · 1897
  2. Lettelier v. MannU.S. Circuit Court for the District of Southern California · 1899

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