Cadillac Motor Car Co. v. Austin
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Michigan; Clarence W. Sessions, Judge. Suit in equity by Walter S. Austin against the Cadillac Motor Car Company and others. Decree for complainant, and defendants appeal.
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Appeal from the District Court of the United States for the Western District of Michigan; Clarence W. Sessions, Judge. Suit in equity by Walter S. Austin against the Cadillac Motor Car Company and others. Decree for complainant, and defendants appeal. Infringement suit by Austin against tbe Cadillac Company, based upon claims 9, 10, 11, and 12, of patent No. 1,093,618 for “change-speed gearing,” issued to Austin March 31, 3914, on application filed August 12, 3913, in renewal of application filed February 16, 1911. From the usual interlocutory decree tor injunction and accounting, the…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1J 1. Defendant insists that whatever invention Austin made extended only to the relative arrangement of his clutched and fixed gear members, arid hence that liis patent must be confined to a device carrying one clutched driving pinion and one clutched driven gear, with connections whereby the two dutches have an in and out automatic action. We. cannot so interpret claim 10. Its language is not incapable of such a limitation, when it is read in connection with the specification; but when we compare the various claims, including those not in suit, we find…
2Cases cited9 opinions
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- Expanded Metal Co. v. BradfordSupreme Court of the United States · 1909
- Davis Sewing Mach. Co. v. New Departure Mfg. Co.Court of Appeals for the Sixth Circuit · 1914
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- Western States MacH. Co. v. S. S. Hepworth Co.Court of Appeals for the Second Circuit · 1945
- Hunt v. Armour & Co.Court of Appeals for the Seventh Circuit · 1951
- Firestone Tire & Rubber Co. v. United States Rubber Co.Court of Appeals for the Sixth Circuit · 1935
- Tropic-Aire, Inc. v. Sears, Roebuck & Co.Court of Appeals for the Eighth Circuit · 1930
- Lyman Mfg. Co. v. Bassick Mfg. Co.Court of Appeals for the Sixth Circuit · 1927
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