Legal Opinion

National Regulator Co. v. Powers Regulator Co.

Court of Appeals for the Seventh Circuit

Decided February 7, 1908No. 1,386PublishedCited by 5 opinions

Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Appellant was adjudged to be an infringer of certain claims of patent No. 558,610, granted to Powers on April 21, 1896. The specification thus describes the general nature of the invention: “This invention relates to a heating and ventilating system for heating and ventilating apartments wherein the heating medium is warm air and the necessary amount of fresh air…

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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Appellant was adjudged to be an infringer of certain claims of patent No. 558,610, granted to Powers on April 21, 1896. The specification thus describes the general nature of the invention: “This invention relates to a heating and ventilating system for heating and ventilating apartments wherein the heating medium is warm air and the necessary amount of fresh air for ventilation is secured by mixing the appropriate quantity of air at normal temperature with the heated or warm air.…

1Opinion of the CourtBaker, Circuit Judge

(after stating the facts as above). Reference patents prove that every element of the claims in suit was old. But in combining those elements Powers did something that was new and useful. The inquiry respects invention.

Without any aid from Powers a system of supplying heat and fresh air to school and other assembly rooms had been developed. Cold air from outside was conducted into the basement, and was forced along by a blower. One portion of the air passed over steam coils, and was highly heated. After the chill was taken from the remainder, the two currents in separate ducts were brought…

2Cases cited3 opinions

  1. Blake v. San FranciscoSupreme Court of the United States · 1885
  2. Morris v. McMillinSupreme Court of the United States · 1884
  3. Royer v. RothSupreme Court of the United States · 1889

3Cited by5 opinions

  1. Gas Machinery Co. v. United Gas Improvement Co.Court of Appeals for the Sixth Circuit · 1915
  2. De Vry Corp. v. Acme Motion Picture Projector Co.Court of Appeals for the Seventh Circuit · 1920
  3. Ronning Machinery Co. v. Caterpillar Tractor Co.Court of Appeals for the Seventh Circuit · 1942
  4. Dalton Adding Mach. Co. v. Rockford Milling Mach. Co.Court of Appeals for the Seventh Circuit · 1920
  5. Lowell v. TriplettDistrict Court, D. Maryland · 1937

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