Rawson & Morrison Mfg. Co. v. C. W. Hunt Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This cause comes here upon appeal by complainant from a decree dismissing on demurrer bill for infringement of reissue patent No. 12,085, granted to Ahnon E. Norris, assignor to complainant, February 24, 1903, for clutch mechanism. The opinion of the court below is reported in 140 Fed. 716.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The bill was demurred to on the ground that the reissued patent was void, because it appeared from the averments of the bill that there was no inadvertence, accident, or mistake in the omissions from the original patent which were inserted in the reissued patent, because the application for the reissue was unreasonably delayed without adequate excuse, because the Commissioner of Patents had no jurisdiction to grant the reissue, and because, therefore, the bill did not state facts sufficient to constitute a cause of action. The court below sustained the demurrer,…
2Cases cited8 opinions
- O'Reilly v. MorseSupreme Court of the United States · 1854
- Miller v. Brass Co.Supreme Court of the United States · 1882
- Gage v. HerringSupreme Court of the United States · 1883
- Yale Lock Manufacturing Co. v. SargentSupreme Court of the United States · 1886
- Vance v. CampbellSupreme Court of the United States · 1862
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3Cited by2 opinions
- General Chemical Co. v. BlackmoreU.S. Circuit Court for the District of Southern New York · 1907
- Cleveland Trust Co. v. ThomasDistrict Court, D. Massachusetts · 1932