Heaton Peninsular Button-Fastener Co. v. Schlochter-Meyer
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This was a suit to restrain the infringement of two patents, one United States letters patent (324,053), issued to John H. Vinton for a new and useful improvement in button-fastening staples, and the other United States letters patent (No. 451,070), issued April 28, 1891, to George W. Prentice, also for an improvement in button-fastening staples.
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Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This was a suit to restrain the infringement of two patents, one United States letters patent (324,053), issued to John H. Vinton for a new and useful improvement in button-fastening staples, and the other United States letters patent (No. 451,070), issued April 28, 1891, to George W. Prentice, also for an improvement in button-fastening staples. The bill averred that the two patents had been duly assigned to the complainant. A demurrer was filed to the bill on the ground that both…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). We have already discussed in the case of American Fibre-Chamois Co. v. Buckskin-Fibre Co. (decided at this term) 72 Fed. 508, the principles that should govern the court in a question of patentable novelty on demurrer, and it is not necessary to extend that discussion. The Vinton patent admits that the outline or general shape or curve of the legs of the staples before driving was old. With that hypothesis which the court was certainly entitled to proceed upon, we fully approve the following language of the learned judge in delivering the opinion of the court below:
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2Cases cited3 opinions
- American Fibre-Chamois Co. v. Buckskin-Fibre Co.Court of Appeals for the Sixth Circuit · 1896
- Double-Pointed Tack Co. v. Two Rivers Manuf'g Co. And Others. 1Supreme Court of the United States · 1883
- Heaton Peninsular Button-Fastener Co. v. Schlocht-MeyerU.S. Circuit Court for the District of Southern Ohio · 1895
3Cited by3 opinions
- Coffield v. Sunny Line Appliance, Inc.Court of Appeals for the Sixth Circuit · 1924
- Lyons v. DruckerCourt of Appeals for the Second Circuit · 1901
- Card v. Standard Coal & Coke Co.District Court, E.D. Tennessee · 1912