Rogers v. Fitch
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United Stales for the Southern District of New York. This is an appeal from an interlocutory decree of (he circuit court, Southern district of New York, which .held that defendants had infringed complainants’ patent, and ordered an injunction and accounting. The patent in question is No. 322,366, issued to Bamuel Fulton, July 14, 1886 (upon application filed May 12, 1884), for an improvement in mattresses.
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Appeal from the Circuit Court of the United Stales for the Southern District of New York. This is an appeal from an interlocutory decree of (he circuit court, Southern district of New York, which .held that defendants had infringed complainants’ patent, and ordered an injunction and accounting. The patent in question is No. 322,366, issued to Bamuel Fulton, July 14, 1886 (upon application filed May 12, 1884), for an improvement in mattresses. The first claim only was alleged to be infringed.
1Opinion of the Court
LACOMBE, Circuit Judge.
Spring mattresses are necessarily made of a depth sufficient to admit of the play of the springs vertically between their base and the stuffed superstructure which they support. The old-fashioned wooden bedstead is constructed with side boards or frames which are of considerable depth, and the cross slats between those side boards may be located, if desired, near the bottom of the side boards, so that when the deep spring mattress (or “spring,” as it is commonly called in art) is placed upon the slats it will not project so far above the bed frame as to be unsightly or…
2Cases cited4 opinions
- Pennsylvania Railroad v. Locomotive Engine Safety Truck Co.Supreme Court of the United States · 1884
- Clark Thread Co. v. Willimantic Linen Co.Supreme Court of the United States · 1891
- Aron v. Manhattan Railway Co.Supreme Court of the United States · 1889
- Briggs v. Central Ice Co.Court of Appeals for the Second Circuit · 1894
3Cited by4 opinions
- Lilienthal v. McCormickCourt of Appeals for the Ninth Circuit · 1902
- Torrey v. HancockCourt of Appeals for the Eighth Circuit · 1910
- Briggs v. DuellCourt of Appeals for the Second Circuit · 1899
- Columbian Fraternal Ass'n v. SmithCourt of Appeals for the D.C. Circuit · 1924