Witzel v. Berman
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. The decree of the District Court of the United States (212 Fed. 447) for the Southern District of New York held valid and infringed claims 7, 10, 13, 14, 19, 20, 21, 22, 23, and 24 of reissued letters patent No. 13,125 to Charles J. Witzel for improvements in wire mattresses. The original patent.
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Appeal from the District Court of the United States for the Southern District of New York. The decree of the District Court of the United States (212 Fed. 447) for the Southern District of New York held valid and infringed claims 7, 10, 13, 14, 19, 20, 21, 22, 23, and 24 of reissued letters patent No. 13,125 to Charles J. Witzel for improvements in wire mattresses. The original patent. No. 921,494, was dated May 11, 1909. The application for the reissue was filed June 12, 1909, and the patent was reissued June 28, 1910.
1Opinion of the Court
COXE, Circuit Judge.
[1] The object which Witzel sought to accomplish was a simple one, viz., to prevent the upper mattress filled with hair, or. other similar material, from slipping on the wire mattress, so that it projects beyond the latter and presents a slovenly and unsightly appearance, besides losing its shape. To remedy these unquestioned defects Witzel provides longitudinal guards on both sides of the mattress which are bent up so as to hold the hair mattress in place. This is accomplished by providing metallic side guards extending on both sides along the longitudinal edges of the…
2Cases cited1 opinion
- Brown v. PiperSupreme Court of the United States · 1875
3Cited by5 opinions
- Armstrong v. Emerson Radio and Phonograph Corp.District Court, S.D. New York · 1959
- Hatmaker v. Dry Milk Co.District Court, S.D. New York · 1929
- Witzel v. Butler Bros.Court of Appeals for the Second Circuit · 1915
- Fligel v. SearsCourt of Appeals for the Second Circuit · 1918
- National Motor Bearing Co. v. Consolidated Motor Parts, Inc.District Court, E.D. New York · 1935