Legal Opinion

Standard Stoker Co. v. Berkley Mach. Works & Foundry Co.

Court of Appeals for the Fourth Circuit

Decided August 28, 1939No. 4477PublishedCited by 1 opinion

1Opinion of the Court

SOPER, Circuit Judge.

This appeal involved four patents relating to automatic stokers for coal-burning railroad locomotives. Plaintiff, who is the largest manufacturer of such stokers, has marketed two types, conveniently termed type A and type B. The general principles of both types of stokers are quite old and beyond the protection of any patents. The four patents in question are for specific parts in the construction of these stokers and for such specific parts in combination with other parts, as hereinafter explained.

The type A stoker consists of a horizontal conveyor screw, running in a…

2Cases cited5 opinions

  1. Wilson v. SimpsonSupreme Court of the United States · 1850
  2. Thomson-Houston Electric Co. v. Kelsey Electric Railway Specialty Co.Court of Appeals for the Second Circuit · 1896
  3. Automotive Parts Co. v. Wisconsin Axle Co.Court of Appeals for the Sixth Circuit · 1935
  4. F. F. Slocomb & Co. v. A. C. Layman Mach. Co.District Court, D. Delaware · 1915
  5. General Motors Corp. v. Preferred Electric & Wire Corp.Court of Appeals for the Second Circuit · 1935

3Cited by1 opinion

  1. Westinghouse Electric & Mfg. Co. v. HesserCourt of Appeals for the Sixth Circuit · 1942

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