Burke Electric Co. v. Independent Pneumatic Tool Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. On petition for rehearing.
1Per curiam
The proofs in this case show that the patented motors were ordered two years and a few days before the application for the patent was filed, but were not delivered and could not have been delivered until a time within the two-year period. The question is as to the proper construction of the words “not in public use or on sale” in Rev. St. § 4886 (Comp. St. 1913, § 9430). The combination of the words indicates that the sale contemplated is such as creates an opportunity for present public use. It is a situation quite different from the reduction to practice necessary to sustain anticipation.…
2Cases cited4 opinions
- McCreery Engineering Co. v. Massachusetts Fan Co.Court of Appeals for the First Circuit · 1912
- National Cash Register Co. v. American Cash Register Co.Court of Appeals for the Second Circuit · 1910
- Covert v. CovertU.S. Circuit Court for the District of Western New York · 1901
- Dittgen v. Racine Paper Goods Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1910
3Cited by14 opinions
- Barmag Barmer Maschinenfabrik Ag v. Murata MacHinery Ltd., and Murata of America, Inc.Court of Appeals for the Federal Circuit · 1984
- Timely Products Corporation, Raphael J. Costanzo v. Stanley ArronCourt of Appeals for the Second Circuit · 1975
- Philco Corporation v. Admiral CorporationDistrict Court, D. Delaware · 1961
- Dart Industries, Inc. v. E. I. Du Pont De Nemours and CompanyCourt of Appeals for the Seventh Circuit · 1973
- Chicopee Manufacturing Corp. v. Columbus Fiber Mills Co.District Court, M.D. Georgia · 1958
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