Pelouze Scale & Mfg. Co. v. American Cutlery Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The bill is to restrain infringement of Letters Patent, Design No. 25,327, dated March 31, 1896, and issued to Essington N. Gilfillan for Design for a Scale Frame.
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The bill is to restrain infringement of Letters Patent, Design No. 25,327, dated March 31, 1896, and issued to Essington N. Gilfillan for Design for a Scale Frame. The drawing accompanying the patent is as follows: The effective portion of the Letters Patent is as follows: “The leading features of my design consist of a plate A and a standard or upright portion B, having' a laterally-projecting arm G, carrying a scale plate or dial D. “The plate A forms the foot of the scale…
1Opinion of the Court 1
After the foregoing statement of the case,
2Opinion of the Court · GrossoupGrossoup, Circuit Judge
Design, in the view of the patent law, is that characteristic of a physical substance which, by means of lines, images, configuration, and the like, taken as a whole, makes an impression, through the eye, upon the mind of the observer. The essence of a design resides, not in the elements individually, nor in their method of arrangement, but in the tout ensemble — in that indefinable whole that *919awakens some sensation in the observer’s mind. Impressions thus imparted may be complex or simple; in one a mingled impression of gracefulness and strength, in…
3Cited by15 opinions
- Forestek Plating & Mfg. Co. v. Knapp-Monarch Co.Court of Appeals for the Sixth Circuit · 1939
- Henry Hanger & Display Fixture Corp. v. Sel-O-Rak Corp.Court of Appeals for the Fifth Circuit · 1959
- In re ZahnCourt of Customs and Patent Appeals · 1980
- J. R. Wood & Sons, Inc. v. Abelson's, Inc.Court of Appeals for the Third Circuit · 1934
- General Gaslight Co. v. Matchless Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1904
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