Wire Book Sewing Machine Co. v. Stevenson
District Court, E.D. Pennsylvania
Hearing on Pleading and Proof. Bill in equity to restrain infringement of reissued letters patent No. 8,195, for improvement in book-binding. Respondents claimed under letters patent No. 239,927, for improvement in book-binding. Respondents, in their answer, admitted that these two patents interfered, hut claimed priority for their own, and set forth a decision of the commissioner of patents in their favor.
1Opinion of the Court
Butler D. J.,
(McKennan, C. J., concurring.) The interference charged in the bill, between the letters patent No. 8,195, under which the plaintiffs are licensees, and No. 239,927, owned by the defendant, is admitted in the answer. The first question open for consideration therefore is, — which of the respective patentees is entitled to the claim of priority of invention, as against the other. This having been submitted to the authorities of the patent-office, was there decided in favor of the defendant. While this decision is not conclusive here, (Machine Co. v. Crane, 6 O. G. 801,) it is…
2Cited by4 opinions
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