Legal Opinion

Bell v. MacKinnon

Court of Appeals for the Second Circuit

Decided November 7, 1906No. 138PublishedCited by 6 opinions

Appeal from the Circuit Court of the United States for the Northern District of New York. Appeal from decree, sustaining the validity of the second claim of complainant’s patent, No. 599,438, granted February 22, 1898, to Winslow M. Bell, for improvement in knitted fabrics, and finding infringement and granting an injunction.

1Opinion of the Court

TOWNSEND, Circuit Judge.

The specifications and drawings of the patent in suit are indefinite 'and incomplete, anticipation is claimed, but the defense is only suggested by injecting a large number of prior patents into the record without any explanatory testimony, and, apparently for this reason, the court below has filed no opinion, except a statement that the claim in suit is valid and infringed. If an examination of tlie prior art were necessary to the decision of the case, we should not sustain the defense of anticipation upon such mere production of patents for complicated combinations…

2Cited by6 opinions

  1. Sutherland Paper Co. v. Grant Paper Box Co. (Two Cases)Court of Appeals for the Third Circuit · 1950
  2. General Electric Co. v. Germania Electric Lamp Co.U.S. Circuit Court for the District of New Jersey · 1909
  3. General Electric Co. v. Germania Electric Lamp Co.U.S. Circuit Court for the District of New Jersey · 1909
  4. Swenson v. BoosDistrict Court, D. Minnesota · 1945
  5. Williamson v. Electric Service Supplies Co.District Court, E.D. Pennsylvania · 1916

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