Legal Opinion

Rand, McNally & Co. v. Exchange Scrip-Book Co.

Court of Appeals for the Seventh Circuit

Decided January 10, 1911No. 1,718PublishedCited by 11 opinions

Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the Exchange Scrip-Book Company against Rand, McNally & Co. Decree for complainant, 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 Exchange Scrip-Book Company against Rand, McNally & Co. Decree for complainant, and defendant appeals. The appeal is from a decree enjoining appellants from infringing claim 4, of letters patent No. 669.489, issued March 5, 1901, to appellee, on the application of Joseph Richardson and George D. Bangston, for certain improvements in Railway Tickets. Claim 4 of the patent is as follows: “4. A scrip-book having as integral parts thereof a strip or series of…

1Opinion of the CourtGrosscup, Circuit Judge

Apart from the main idea of the patentees, that the unit in their patented ticket should be expressed in money instead of miles, we do *985not see anything in the patent that the defendants have infringed; for whether the physical differences, introduced hy the patentees, are patentable invention or not, they are so narrow, and make the patent so limited, that the alleged infringing device (differing also in form) does not seem to us to bq included.

Does the adaptation of this new ticket to a unit, based on money instead of miles, make it patentable invention? Originally, mileage tickets were…

2Cited by11 opinions

  1. Cincinnati Traction Co. v. PopeCourt of Appeals for the Sixth Circuit · 1913
  2. Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
  3. In Re SterlingCourt of Customs and Patent Appeals · 1934
  4. In Re ReevesCourt of Customs and Patent Appeals · 1932
  5. In Re RussellCourt of Customs and Patent Appeals · 1931

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