Liquid Carbonic Co. v. Gilchrist Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit by the Gilchrist Company against the Liquid Carbonic, Company and Wjlliam J. Eisenhardt. Erom a decree for complainant, defendants appeal.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit by the Gilchrist Company against the Liquid Carbonic, Company and Wjlliam J. Eisenhardt. Erom a decree for complainant, defendants appeal. The patent involved is for a straw dispensing device for use at bars, soda fountains, and the like, to contain straws used for drinking purposes, so I hat. customers may take some therefrom, leaving the rest covered and protected. A patent therefor, No. 962,300, was issued to Berman June 21, 1910. The device is shown in patent Fig. 1. C…
1Opinion of the CourtAlschurer, Circuit Judge
(after stating the facts as above).
[1, 2] The nearest citation in the prior art, and the one mainly relied on for reversal, is McIntyre, No. 629,586, 1899. It assumes to be in the “box or case” art, and to relate more particularly to boxes “adapted to receive and hold pencils, penholders, rules,” etc. Fig. 2 of that patent shows the device.
The rod B is connected with the top G, which serves also the purpose of a handle to' grasp it, and to the lower disk C. When G is grasped and raised it also raises disk C, bringing up and exposing pencils, etc., which have been placed within the cylinder A,…
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