Moneyweight Scale Co. v. Toledo Computing Scale Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the Toledo Computing Scale Company against the Moneyweight Scale Company. Decree for complainant (178 'Fed. 557), and defendant appeals.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the Toledo Computing Scale Company against the Moneyweight Scale Company. Decree for complainant (178 'Fed. 557), and defendant appeals. Appellee obtained against appellant a decree for an injunction and an accounting,, by reason of infringement of reissue patent No. 12,137, July 28. 1903. to lie Yilbiss, appellee’s assignor, on an improved computing scale. 178 Fed. 557. Assignments of error allege invalidity of the reissue, want of invention, aggregation, and…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). Authority to grant reissues is now derived exclusively from the statute. R. S. § 4916 (U. S. Comp. St. 1901, p. 3393). And the commissioner goes beyond his jurisdiction' if he grants a reissue for an invention (though conceded to be the invention of the applicant) which is not the same invention that was disclosed and described as the applicant’s invention (not merely that lurked in the drawings or description of the machine as a machine) in the original patent, which, by reason of inadvertence, accident, or mistake, is inoperative to secure the monopoly it…
2Cases cited3 opinions
- Corbin Cabinet Lock Co. v. Eagle Lock Co.Supreme Court of the United States · 1893
- Yale Lock Manufacturing Co. v. Berkshire National BankSupreme Court of the United States · 1890
- McDowell v. Ideal Concrete Mach. Co.Court of Appeals for the Seventh Circuit · 1911
3Cited by11 opinions
- American Automotoneer Co. v. PorterCourt of Appeals for the Sixth Circuit · 1916
- Union Switch & Signal Co. v. Louisville Frog, Switch & Signal Co.Court of Appeals for the Sixth Circuit · 1934
- General Radio Co. v. Allen B. Du Mont Laboratories, Inc.Court of Appeals for the Third Circuit · 1942
- General Motors Corporation v. DaileyCourt of Appeals for the Sixth Circuit · 1937
- Moist Cold Refrigerator Co. v. Lou Johnson Co.Court of Appeals for the Ninth Circuit · 1954
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