American Roll-Paper Co. v. Weston
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Equity. Suit by the American Boll-Paper Company and Richard W. Hopking' against Edward B. Weston for infringement of a patent. The patent was at first sustained by the court below, (45 Fed. 686,) but on rehearing was declared void" for anticipation, and the bill dismissed. 51 Fed. 237. Complainants appeal.
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Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Equity. Suit by the American Boll-Paper Company and Richard W. Hopking' against Edward B. Weston for infringement of a patent. The patent was at first sustained by the court below, (45 Fed. 686,) but on rehearing was declared void" for anticipation, and the bill dismissed. 51 Fed. 237. Complainants appeal. Statement by SEVERENS, District Judge: This caso was brought here from the circuit court for tlio southern district of Ohio, western division, npon an appeal by complainants in…
1Opinion of the Court
SEVERENS, District Judge,
(after stating the facts.) This case has been argued here as if it were to be assumed that the original decree was right upon the case as it then appeared, and counsel for both parties have confined their briefs and arguments to the sole question whether the court below was right in holding the complainants’ invention to have been anticipated by the public use of the Nixon and Livermore machines. We conceive that in this case we may properly limit ourselves to the same scope of inquiry. We therefore do not decide what the result should have been upon the case as it…
2Cases cited5 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Egbert v. LippmannSupreme Court of the United States · 1881
- Consolidated Fruit-Jar Co. v. WrightSupreme Court of the United States · 1877
- Andrews v. HoveySupreme Court of the United States · 1888
- Jones v. BarkerDistrict Court, D. Maine · 1882
3Cited by12 opinions
- Interurban Ry. & Terminal Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Buser v. Novelty Tufting Machine Co.Court of Appeals for the Sixth Circuit · 1907
- Columbus Chain Co. v. Standard Chain Co.Court of Appeals for the Sixth Circuit · 1906
- Milford A. Campbell, Plaintiff-Counter-Defendant v. Spectrum Automation Company, Defendant-Counter-PlaintiffCourt of Appeals for the Sixth Circuit · 1975
- W-R Co. v. SovaCourt of Appeals for the Sixth Circuit · 1939
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