Jones v. Sykes Metal Lath & Roofing Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; John M. Killits, Judge. Suit by Breckenridge Jones, trustee, and others against the Sykes Metal Lath & Roofing Company. Bill dismissed, and complainants appeal. This is the usual infringement suit based on patent No. 671,915, issued April 9. 1901, to Curtis, appellants’ ultimate assignor, for “rolls for cutting expanded metal.”
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; John M. Killits, Judge. Suit by Breckenridge Jones, trustee, and others against the Sykes Metal Lath & Roofing Company. Bill dismissed, and complainants appeal. This is the usual infringement suit based on patent No. 671,915, issued April 9. 1901, to Curtis, appellants’ ultimate assignor, for “rolls for cutting expanded metal.” The application was filed October 13, 1900. The purpose of the machine was to cut in a metal sheet parallel series of slits so that when 'a lateral pull was…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). Infringement of both claims is alleged; and, if they receive the construction which we think they must have, infringement is conceded.
[1] Several earlier uses are set up in order to anticipate or otherwise invalidate the second and broader claim. We agree with the District Judge that the claim is invalid; but we think this conclusion is most safely based upon the earlier so-called segmental eutter. Curtis made his constructive reduction to practice by filing his application in October, 1900. He claims to have conceived the invention in June of that year;…
2Cases cited5 opinions
- Buser v. Novelty Tufting Machine Co.Court of Appeals for the Sixth Circuit · 1907
- Lemley v. Dobson-Evans Co.Court of Appeals for the Sixth Circuit · 1917
- Kennicott Co. v. Holt Ice & Cold Storage Co.Court of Appeals for the Seventh Circuit · 1915
- Gould v. Cincinnati Shaper Co.Court of Appeals for the Sixth Circuit · 1912
- Package Machinery Co. v. Johnson Automatic Sealer Co.Court of Appeals for the Sixth Circuit · 1917
3Cited by13 opinions
- Esme E. Rosaire v. Baroid Sales Division, National Lead CompanyCourt of Appeals for the Fifth Circuit · 1955
- Cincinnati Rubber Mfg. Co. v. Stowe-Woodward, Inc.Court of Appeals for the Sixth Circuit · 1940
- Jones v. General Fireproofing Co.Court of Appeals for the Sixth Circuit · 1918
- Wallace & Tiernan Co. v. City of SyracuseCourt of Appeals for the Second Circuit · 1930
- Lakewood Engineering Co. v. SteinCourt of Appeals for the Sixth Circuit · 1925
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