Parramore v. Siegel-Cooper Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from a decree of the Circuit Court for the Southern District of New York adjudging claims 1 and 2 of patent No. 629,391, granted July 25, 1899, to R. W. Parramore, valid and infringed, and granting an injunction and an accounting.
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Appeal from the Circuit Court of the United States for the Southern District of New York. On appeal from a decree of the Circuit Court for the Southern District of New York adjudging claims 1 and 2 of patent No. 629,391, granted July 25, 1899, to R. W. Parramore, valid and infringed, and granting an injunction and an accounting. This court, Judges Wallace, Lacombe, and Shipman sitting, sustained the patent in suit in Parramore v. Taylor, reported in 114 Fed. 97, 52 C. C. A. 45. A writ of certiorari to review this decision was denied by the Supreme Court, 186 U. S. 484, 22 Sup. Ct. 944, 46 L.…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts). The decision of this court in Parramore v. Taylor, 114 Fed. 97, 52 C. C. A. 45, leaves open the single question whether claims 1 and 2 of the patent are invalidated by the references which are now presented for the first time to this court. These are the patent to J. D. Banfield, No. 197,587, granted November 27, 1877, for a stocking supporter, and the patent to J. C. Andrews, No. 550,551, granted November 26, 1895, for an underwaist. Both sides agree that the claims must be construed to cover a new article and not the new use of an old article; that patentability…
2Cases cited1 opinion
- Parramore v. TaylorCourt of Appeals for the Second Circuit · 1902
3Cited by3 opinions
- Foster Hose Supporter Co. v. O'BrienU.S. Circuit Court for the District of Massachusetts · 1907
- O'Brien v. Foster Hose Supporter Co.Court of Appeals for the First Circuit · 1907
- Parker v. Pacific Box Corp.District Court, N.D. California · 1935