Legal Opinion

Frank F. Smith Metal Window Hardware Co. v. Yates

Court of Appeals for the Second Circuit

Decided June 5, 1914No. 276PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Southern District of New York. Appeal from an interlocutory decree of the District Court, Southern District of New York (216 Fed. 361) which held valid and infringed claims 2, 3, and 4 of patent No. 970,656, granted to Frank F. Smith September 20, 1910, for a “transom adjusting device.”

1Opinion of the Court

MAYER, District Judge.

The validity of the patent is conceded. The sole controversy now is as to infringement.

The invention of the patent is for an automatic stop for pivoted metal windows, such as have lately gone into very general use in office buildings and factories, which, instead of sliding up and down, are pivoted near the middle so as to swing around like an ordinary transom. The invention is applicable to transoms as well as pivoted windows. These windows may be’ reversed so that the outside may be cleaned from within the building and opened for ventilation to any desired extent.

It is…

2Cases cited2 opinions

  1. International Time Recording Co. v. W. H. Bundy Recording Co.Court of Appeals for the Second Circuit · 1908
  2. Consolidated Fastener Co. v. HaysCourt of Appeals for the Second Circuit · 1900

3Cited by3 opinions

  1. Frank F. Smith Hardware Co. v. S. H. Pomeroy Co.Court of Appeals for the Second Circuit · 1924
  2. Yates v. SmithCourt of Appeals for the Third Circuit · 1921
  3. Ruben Condenser Co. v. Copeland Refrigeration Corp.District Court, E.D. New York · 1935

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