Kelly v. Clow
Court of Appeals for the Seventh Circuit
Appeal from tlie Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This appeal is from a decree of the circuit court of the United States for the Northern district' of Illinois, dismissing the bill of the above-named complainants against the above-named defendant for the infringement of claims 1, 2, 3, 5, and C of letters patent No. 258,144, issued May 16, 1882, to Robert D. O. Smith for certain alleged improvements in…
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Appeal from tlie Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This appeal is from a decree of the circuit court of the United States for the Northern district' of Illinois, dismissing the bill of the above-named complainants against the above-named defendant for the infringement of claims 1, 2, 3, 5, and C of letters patent No. 258,144, issued May 16, 1882, to Robert D. O. Smith for certain alleged improvements in water-closets. On December 23, 1895, the patentee, Smith, assigned the entire right, title, and interest in the patent to John…
1Opinion of the CourtBaker, District Judge
(after stating the facts as above). It is manifest that the paten lee was simply a gleaner in a field already well harvested, and therefore the claim that a broad construction should be given to the patent is inadmissible. In view of the numerous prior American and English patents relating to water-closets disclosed iu the record, it clearly becomes our duty to give the patent a construction no broader than its terms plainly require. The patent is for a combination every element of which is old, and all that is claimed for it is that it obviates some objectionable features fouud in other…
2Cases cited10 opinions
- Bates v. CoeSupreme Court of the United States · 1878
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Pickering v. McCulloughSupreme Court of the United States · 1881
- Thompson v. BoisselierSupreme Court of the United States · 1885
- Hill v. WoosterSupreme Court of the United States · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Goodyear Tire & Rubber Co. v. Rubber Tire Wheel Co.Court of Appeals for the Sixth Circuit · 1902
- Tropic-Aire, Inc. v. Sears, Roebuck & Co.Court of Appeals for the Eighth Circuit · 1930
- Western Willite Co. v. Trinidad Asphalt Mfg. Co.Court of Appeals for the Eighth Circuit · 1926
- Huebner-Toledo Breweries Co. v. Mathews Gravity Carrier Co.Court of Appeals for the Sixth Circuit · 1918
- Lamson Consol. Stoke Service Co. v. HillmanCourt of Appeals for the Seventh Circuit · 1903
10 more not listed; retrieve them via the Exa API.