Hillborn v. Hale & Kilburn Manuf'g Co.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. Letters patent of the United States, No. 409,006, issued to Henry S. Hale on August 20, 3889, for an improvement in folding bedsteads.
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Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. Letters patent of the United States, No. 409,006, issued to Henry S. Hale on August 20, 3889, for an improvement in folding bedsteads. The entire title and interest In said letters patent, and in the invention therein described, were on January 15, 1891, by an instrument duly executed and recorded, sold and assigned by Halo to the Hale & Kilburn Manufacturing Company, a corporation of the state of Pennsylvania. On May 8, 1893, at the April term of the circuit court of the United States for the Eastern…
1Opinion of the CourtSheras, Circuit Justice
(after stating the facts as above). Henry B. Hale filed an application February 6, 1880, for letters patent for a,n improvement in folding bedsteads. The specification contained two claims, the first of which was allowed, and the second was rejected, on a reference to Kauffman’s patent, No. 159,082, dated February 9, 1875, for a hinge. An interference was declared between Hale and A. B. Stevens. The application of the latter had been filed December 21, 1878. This interference resulted in Hale’s favor, and calls for no attention. On September 8,1884, the original specification, with its…
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