XXth Century Heating & Ventilating Co. v. Taplin, Riceclerkin Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Ohio. In Equity. Suit by the XXth Century Heating & Ventilating Company against the Taplin, Rice-Clerkin Company. Decree for defendant, and complainant appeals. This is an appeal of complainant below as assignee of G. Maag, patentee, from a decree dismissing the bill of complaint.
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Appeal from the Circuit Court of the United States for the Northern District of Ohio. In Equity. Suit by the XXth Century Heating & Ventilating Company against the Taplin, Rice-Clerkin Company. Decree for defendant, and complainant appeals. This is an appeal of complainant below as assignee of G. Maag, patentee, from a decree dismissing the bill of complaint. The suit was for alleged infringement of letters patent on a furnace grate No. 707,855, issued to Maag August 26, 1902. It was held that the defendant had not infringed. It is stated in the specification that “ * * * the objects of my…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The court below regarded the invention in suit as of doubtful patentability and at most as entitled only to a narrow construction. The alleged infringing device was never patented. It is not necessary to describe defendant’s grate further than to say that it is a two-part grate, and, it must be said, is similar in construction and operation to the patent in suit, except as to the method of sustaining and operating the projecting shaker arm. The point of difference between the two devices upon which the trial court rested its decree of noninfringement, was…
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