Legal Opinion

Western Telephone Mfg. Co. v. American Electric Telephone Co.

Court of Appeals for the Seventh Circuit

Decided April 12, 1904No. 976PublishedCited by 11 opinions

Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Appellant, owner of letters patent No. 521,461, June 14, 1894, to Fisk, for a combined annunciator and spring jack for use in telephone switch boards, failed in its suit to hold appellees as infringers.

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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Appellant, owner of letters patent No. 521,461, June 14, 1894, to Fisk, for a combined annunciator and spring jack for use in telephone switch boards, failed in its suit to hold appellees as infringers. In the earlier form of switch boards a bank of annunciators or drops, serially numbered, was placed above a bank of spring jacks, similarly numbered, so that any drop was distant, say, two feet from the correspondingly numbered jack. When a subscriber called, the operator’s…

1Opinion of the Court

BAKER, Circuit Judge."

The main divide in'this case, as presented in argument, lies along the line whether, as appellees insist, Fisk in*77tended the operator to use the plug as a tool with which to restore the drop while the operator was moving the plug to the mouth of the jack, or, as appellant contends, he conceived the idea of having the plug automatically and inevitably restore the drop by the plug’s insertion into the jack. The expressions in the patent, “the drop * * * is lifted by the plug as it is inserted in the jack,” “the drop * * * is raised by the entrance of the connecting plug…

2Cited by11 opinions

  1. Remington Cash Register Co. v. National Cash Register Co.District Court, D. Connecticut · 1925
  2. Chicago Wooden Ware Co. v. Miller Ladder Co.Court of Appeals for the Seventh Circuit · 1904
  3. Cutler-Hammer Mfg. Co. v. Union Electric Mfg. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1906
  4. American Valve & Meter Co. v. FairbanksCourt of Appeals for the Seventh Circuit · 1917
  5. Matter of the Application of Carl B. NashCourt of Customs and Patent Appeals · 1956

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