Legal Opinion

Westinghouse Electric & Mfg. Co. v. Wadsworth Electric Mfg. Co.

Court of Appeals for the Sixth Circuit

Decided July 2, 1931No. 5231PublishedCited by 5 opinions

1Opinion of the Court

DENISON, Circuit Judge.

We granted a rehearing and took briefs solely upon one question, said to be involved, and which, as paraphrased and applied is:

If Wadsworth, in 1907, conceived an invention and “reduced it to practice” by one instance of use, but did nothing more with it until he filed his application in 1916, while Kries invented and filed his application on the same device in 1910, whereupon the Patent Office found Wadsworth’s reduction to practice, hut rightly awarded priority to Kries because of Wadsworth’s nonaetion (under the Mason v. Hepburn rule, 13 App. D. C. 86) and patent…

2Cases cited9 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
  3. Morgan v. DanielsSupreme Court of the United States · 1894
  4. Corona Cord Tire Co. v. Dovan Chemical Corp.Supreme Court of the United States · 1928
  5. The Corn-Planter PatentSupreme Court of the United States · 1874

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. American Heritage Life Insurance Company, Plaintiff-Appellant-Cross v. Heritage Life Insurance Company, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1974
  2. Boucher Inventions, Ltd. v. Sola Electric Co.District Court, District of Columbia · 1942
  3. General Excavator Co. v. Keystone Driller Co.Court of Appeals for the Sixth Circuit · 1932
  4. Howe v. AtwoodDistrict Court, E.D. Michigan · 1942
  5. Ceramic Process Co. v. Cincinnati Advertising Products Co.District Court, S.D. Ohio · 1939

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