Crawford, McGregor & Canby Co. v. Thomas E. Wilson & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the- Southern District of New York. Suit by the Cravjford, McGregor & Canby Company and another against Thomas E. Wilson & Co. From a decree dismissing the complaint on motion before answer, complainants appeal.
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Appeal from the District Court of the United States for the- Southern District of New York. Suit by the Cravjford, McGregor & Canby Company and another against Thomas E. Wilson & Co. From a decree dismissing the complaint on motion before answer, complainants appeal. This appeal is from a decree of the District Court for the Southern District of New York, dismissing, on motion before answer, the complaint on the ground that the patent in suit was void on its face for lack of patentable invention. The complaint in usual form was filed on United States letters patent No. 1,449,559, issued on…
1Opinion of the Court
MAYER,, Circuit Judge
(after stating the facts as above). Claim 3 relates to a golf club; claim 4 to any “game” club; claim 7 to a *618“game device for striking elastic objects.” The other claims of which these are typical are equally simple.
The question, briefly stated, is whether, on mere inspection of the patent, the court as matter of law can here say that there is not invention. That is another way of saying that the court determines a question of fact on the face of the patent, and that the presumption of validity is at once overcome. There is a ternptation so to rule where, because of…
2Cases cited4 opinions
- Luten v. Kansas City Bridge Co.Court of Appeals for the Eighth Circuit · 1922
- Union Hardware Co. v. SelchowU.S. Circuit Court for the District of Southern New York · 1901
- Columbia Metal Box Co. v. HalperCourt of Appeals for the Second Circuit · 1915
- Mallory S. S. Co. v. MitchellCourt of Appeals for the Second Circuit · 1923
3Cited by1 opinion
- Sparks-Withington Co. v. E. A. Laboratories, Inc.Court of Appeals for the Second Circuit · 1924