Powder Co. v. Powder Works
Supreme Court of the United States
Appeal from tbe Circuit Court of tbe United States for tbe District of California. Tbis is an appeal from a decree dismissing, upon demurrer, a bill filed by the Giant Powder Company against the California Powder Works and others, charging them with tbe infringement of three certain letters-patent belonging to the complainant, and praying for an injunction and a decree for damages.
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Appeal from tbe Circuit Court of tbe United States for tbe District of California. Tbis is an appeal from a decree dismissing, upon demurrer, a bill filed by the Giant Powder Company against the California Powder Works and others, charging them with tbe infringement of three certain letters-patent belonging to the complainant, and praying for an injunction and a decree for damages. These letters, for certain alleged inventions of one Alfred Nobel, of Hamburg, in Germany, relating to the use of nitro-glycerine in the manufacture of dynamite and other explosive compounds, are all reissues; two…
1Opinion of the CourtJustice Bradley
The main defence relied on by the counsel of the defence, on the demurrer, is, that it is apparent that the reissued patents numbered 4818 and 4819 are not for the same invention as that which was described in the original letters-patent numbered 50,617, for a portion of which they purport to be reissues.
It is apparent, they say, that the original patent was for a process, to wit, a mode, or different modes, of exploding nitroglycerine; whereas the reissues are for manufactured compounds or mixtures, namely, mixtures of nitro-glycerine with gunpowder, gun-cotton, and rocket powder. It is…
2Cases cited2 opinions
- Burr v. DuryeeSupreme Court of the United States · 1864
- Goodyear v. DayU.S. Circuit Court for the District of New Jersey · 1852
3Cited by75 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- James v. CampbellSupreme Court of the United States · 1882
- Holland Furniture Co. v. Perkins Glue Co.Supreme Court of the United States · 1928
- U. S. Industrial Chemicals, Inc. v. Carbide & Carbon Chemicals Corp.Supreme Court of the United States · 1942
- Heald v. RiceSupreme Court of the United States · 1882
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