Rose Mfg. Co. v. E. A. Whitehouse Mfg. Co.
U.S. Circuit Court for the District of New Jersey
In Equity. Suit by the Rose Manufacturing Company against the E. A. Whitebouse Manufacturing Company and the Re Compte Manufacturing Company. On demurrer. Suit to restrain infringments of four patents: No. 883,973, an improvement in lamp brackets; No. 962,220, an improvement in number plate support for vehicles; Nos. 41,388 and 41,389, designs for vehicle number plate support.
1Opinion of the Court
RELLSTAB, District Judge.
The causes of demurrer relied upon, summarized, are: (1) The hill is multifarious. (2) The design patents are void as covering subject-matters improper for design patents. (3) The mechanical patents are invalid as covering an aggregation, and not a combination, of elements.
As to the first ground — multifariousness.
It is said that it is impossible to conjointly use in one and_ a single device (a) the subject-matter of all these patents; (b) the subject-matter of the design patents; (c) the subject-matter of either of the design patents with either of the mechanical…
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- Walker v. PowersSupreme Court of the United States · 1881
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