Geoghegan v. Ernst
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Suit by Charles A. Geoghegan and others against Charles K. Ernst. Decree for defendant, and plaintiffs appeal. Appeal from decree in equity entered in the District Court for the Western District of New York.
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Appeal from the District Court of the United States for the Western District of New York. Suit by Charles A. Geoghegan and others against Charles K. Ernst. Decree for defendant, and plaintiffs appeal. Appeal from decree in equity entered in the District Court for the Western District of New York. Action is upon claims, 1, 2, and 3 of patent to Rutan, dated February 1, 1916, No. 1,170,193. Of these claims the first is most general, and is as follows: “1. In a device of the. character set forth, a hoistway, hoisting apparatus therein having a vertically movable standard, means for elevating…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Whenever defendant's machine works it opens the door, through which the telescopic ash hoist is to project itself, by a straight thrust. It has no lever and nothing wherewith to exert leverage. This is a fundamental difference between the two pieces of apparatus.
If it be attempted to read the first, claim of Rutau’s patent upon Ernst’s device, the latter is found to have no “means depending within the hoistway” upon which other means are “pivotally supported,” which latter means are “connected * * * with said door’s.” Consequently Ernst has not “depending…
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