Vaughn v. Gilmore

SANBORN, District Judge.

Infringement suit on patent No. 1,029,645, issued to plaintiff June 18, 1912, for a crown cap bottle opener. Both parties make the same devices, so the only question is whether the patent is valid.

Claim 3:

“A bottle opener consisting (1) of a fixed base, (2) having a right angular extension; (.3) said extension having a semicylindrical end, adopted to engage the cap of a bottle, (4) and a resilient brace therefor.”

Three of these elements are present in the patent issued to this same plaintiff December 21, 1909, No. 943,759, except that the right-angle extension is in…