Union Biscuit Co. v. Peters
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. This action was brought by Frank M. Peters, the appellee, against the Union Biscuit Company, Adolph E. Winkelmeyer, and Hartwell B. Grubbs, the appellants, to restrain an alleged violation of letters patent No. 621,974, issued March 28, 1899, to Frank M. Peters, the complainant below and the appellee in this court.
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. This action was brought by Frank M. Peters, the appellee, against the Union Biscuit Company, Adolph E. Winkelmeyer, and Hartwell B. Grubbs, the appellants, to restrain an alleged violation of letters patent No. 621,974, issued March 28, 1899, to Frank M. Peters, the complainant below and the appellee in this court. The nature of the invention is fully disclosed by the following excerpts from the specifications. Relative to the general objects of the invention, the patentee says: “This invention relates to…
1Opinion of the CourtThayer, Circuit Judge
The principal question that arises in this case, and the only one which we have found it necessary to consider, is whether the inventive faculty was exercised in the construction of the paper box or carton which is described in the Peters patent, and is claimed as a product in the second, third, and fourth claims of that patent, and as a method of packing crackers in the first claim. This question, as a matter of course, must be determined upon a full consideration of the state of the art to which the patent in suit appertains and in the light of the well-established doctrine that the patent…
2Cases cited7 opinions
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Atlantic Works v. BradySupreme Court of the United States · 1883
- Lovell Manufacturing Co. v. CarySupreme Court of the United States · 1893
- Duer v. Corbin Cabinet Lock Co.Supreme Court of the United States · 1893
- Dueber Watch-Case Manuf'g Co. v. RobbinsCourt of Appeals for the Sixth Circuit · 1896
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3Cited by12 opinions
- Kurtz v. Belle Hat Lining Co.Court of Appeals for the Second Circuit · 1922
- Stebler v. Riverside Heights Orange Growers' Ass'nCourt of Appeals for the Ninth Circuit · 1913
- Voigtmann v. Weis & Ridge Cornice Co.Court of Appeals for the Eighth Circuit · 1906
- Saxlehner v. EisnerU.S. Circuit Court for the District of Southern New York · 1905
- Haggerty v. Rawlings Mfg. Co.Court of Appeals for the Eighth Circuit · 1926
7 more not listed; retrieve them via the Exa API.