Justi v. Clark
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court' of the United States for the Northern Division of the Northern District of Illinois. For opinion below, see 100 Fed. 855. The action in the Circuit Court was to restrain the appellants from infringing re-issue Letters Patent No. 11,696, granted September 27, 1898, to Frank Hurlbut for a dental spittoon, and by him assigned to the'appellee.
Read the full summary
Appeal from the Circuit Court' of the United States for the Northern Division of the Northern District of Illinois. For opinion below, see 100 Fed. 855. The action in the Circuit Court was to restrain the appellants from infringing re-issue Letters Patent No. 11,696, granted September 27, 1898, to Frank Hurlbut for a dental spittoon, and by him assigned to the'appellee. The original patent was No. 563,664, issued July 7, 1896. The material portion of the original patent, together with its drawings, and the four claims sued upon (contained also in the re-issue), is as follows; “My invention…
1DissentWoods, Circuit Judge
I am not able to agree that the Hurlbut device embodies invention, though, the Bardsley patent out of the way, its patentability I think should be conceded. Its meritorious feature is the re voluble bowl washed by the water which1 revolves it. As a mechanism it is in this particular completely anticipated by the Bardsley device, which in the form illustrated in the patent is capable of use as a spittoon, while if its disk be given the depth and contour of a dental-cuspidor it becomes, the complete exemplification of Hurlbut’s construction. In the patent it was called a “motor,” but was it for…
2Cases cited10 opinions
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- Potts v. CreagerSupreme Court of the United States · 1895
- Aron v. Manhattan Railway Co.Supreme Court of the United States · 1889
- Busell Trimmer Co. v. StevensSupreme Court of the United States · 1890
- American Road MacHine Co. v. Pennock & Sharp Co.Supreme Court of the United States · 1896
5 more not listed; retrieve them via the Exa API.