American Soda-Fountain Co. v. Swietusch
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. This was a suit in equity by the American Soda-Fountain Company against Otto Swietusch for alleged infringement of a reissued patent for an improvement in soda-water apparatus. In the circuit court the bill was dismissed for want of equity. See 75 Fed. 573, where the opinion is reported in full, together with a complete statement of the facts.
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. This was a suit in equity by the American Soda-Fountain Company against Otto Swietusch for alleged infringement of a reissued patent for an improvement in soda-water apparatus. In the circuit court the bill was dismissed for want of equity. See 75 Fed. 573, where the opinion is reported in full, together with a complete statement of the facts. From this decree the complainant has appealed.
1Per curiam
We approve the opinion and decision of the court below. The only new consideration urged upon our attention is a passage from the opinion of the circuit court of appeals for the Ninth judicial circuit in Gaskill v. Myers, 26 C. C. A. 642, 81 Fed. 854-858, where it is said:
“Nor does the fact that, intermediate the issuance of the original patent and the application for the reissue, a patent was granted to F. E. Browne for an appliance for heating, illuminating, or culinary purposes, defeat the reissue. That Browne was aware of the complainant’s original patent is manifest from this statement…
2Cases cited2 opinions
- Coon v. WilsonSupreme Court of the United States · 1885
- Gaskill v. MyersCourt of Appeals for the Ninth Circuit · 1897
3Cited by1 opinion
- Pfenninger v. HeubnerU.S. Circuit Court for the District of Eastern Missouri · 1900