American Electric Novelty & Mfg. Co. v. Howard Electric Novelty Co.
Court of Appeals for the Second Circuit
Appeals from the Circuit Court of the United States for the Southern District of New York. On appeal from final decrees of the Circuit Court of the Southern District of New York, dismissing bills for the infringement of letters patent, No. 520,429, granted to Hoggson, May 29, 1894, and No. 617,592, granted to Misell, January 10, 1899, for an electric battery and an electric device, respectively. The opinion of the Circuit Court will be found at 131 Fed. 495.
1Opinion of the Court
COXE, Circuit Judge.
We fully agree with the judge of the Circuit Court in thinking that the prior decisions of this court and of the Circuit Court in the Newgold Case, 108 Fed. 957; Id., 113 Fed. 877, 51 C. C. A. 501, are conclusive as to the invalidity of the Misell patent. In that case the third claim only was involved. In the present case the first, second and fourth claims «are involved, but these claims contain no element which is not directly or by implication found in the third claim. That claim having been declared invalid we think the other claims must fall with it. No patentably…
2Cases cited2 opinions
- American Electrical Novelty & Mfg. Co. v. NewgoldU.S. Circuit Court for the District of Southern New York · 1901
- American Electrical Novelty & Manufacturing Co. v. NewgoldCourt of Appeals for the Second Circuit · 1902
3Cited by1 opinion
- American Electrical Novelty & Mfg. Co. v. Stanley & Patterson, Inc.Court of Appeals for the Second Circuit · 1905