Schulte v. Colorado Tire & Leather Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Suit by Joseph H. Schulte and Henry Kaiser, doing business as the Detroit Leather Works, against the Colorado Tire & Leather Company and others. Decree for defendants, and complainants appeal.
1Opinion of the Court
STONE, Circuit Judge.
Appeal from dismissal of bill for infringement of letters patent No. 965,250, issued to Varney K. Sturges, assignor to Joseph H. Schulte and Henry Kaiser, and for unfair competition by the use of advertising matter alleged to contain cuts and descriptive matter unfairly and deceptively similar to that put out by appellants.
The' patent was for an improvement in sectional leather belting for grooved pulley use. The essential elements of the three claims of the patent are included in claim 3, which is as follows:
“Belting comprising a series of flexible longitudinally tapered…
2Cases cited1 opinion
- Drum v. TurnerCourt of Appeals for the Eighth Circuit · 1914
3Cited by1 opinion
- American Chain Co. v. Cox Brass Mfg. Co.Court of Appeals for the Sixth Circuit · 1924