Kilmer Manuf'g Co. v. Griswold
Court of Appeals for the Second Circuit
Appeal from the Circuit Gourt of the United States for the Northern District of New York. This was a bill by the Kilmer Manufacturing Company against J. W. Griswold and F. B. Griswold for alleged infringement of patents Nos. 282,991 and 372,375, issued to Irving A. Kilmer August 14,_ 1883, and November I, 1887, respectively, for improvements in adjustable bale ties. Upon the hearing, complainant’s contention was confined to the second claim of each patent.
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Appeal from the Circuit Gourt of the United States for the Northern District of New York. This was a bill by the Kilmer Manufacturing Company against J. W. Griswold and F. B. Griswold for alleged infringement of patents Nos. 282,991 and 372,375, issued to Irving A. Kilmer August 14,_ 1883, and November I, 1887, respectively, for improvements in adjustable bale ties. Upon the hearing, complainant’s contention was confined to the second claim of each patent. The circuit court held that the second claim of No. 282,991 was invalid, and that the second claim of No. 372,375 was valid, and had been…
1Opinion of the Court
LACOMBE, Circuit Judge.
Inasmuch as the decree of the circuit court is not final, the only appeal which can be considered is from so much of such decree as grants an injunction. The bale tie of No. 282,991, as complainant contends, possessed the following *1018characteristics: (1) A band made of wire. (2) A clasp made of wire, and of larger gauge than that of the band, and presenting a rounded bearing surface to the band wire. (3) A pinching angle in the wire clasp, formed by bending the wire composing the clasp into the form of a V, having an apex smaller than the diameter of the band wire. (4)…
2Cases cited1 opinion
- Topliff v. TopliffSupreme Court of the United States · 1892
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