Strause Gas Iron Co. v. William M. Crane Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Strause Gas Iron Company against the William M. Crane Company. From the decree, both parties appeal. This is an appeal by each party from a decree in equity awarding an injunction upon a mechanical patent and dismissing the bill upon a design patent.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Strause Gas Iron Company against the William M. Crane Company. From the decree, both parties appeal. This is an appeal by each party from a decree in equity awarding an injunction upon a mechanical patent and dismissing the bill upon a design patent. The subject-matter of each patent is a gas sad iron, which can be kept heated by flexible attachment to an ordinary gas pipe. The mechanical patent, 948,773, was issued on February 8, 1910, to Spahr and Stichler, and contained seven…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). Upon the mechanical patent we are for reversal, for two reasons; First, because the claim is not infringed; and, second, because the disclaimer is invalid. The validity of the patent we do not consider.
[1] We think the claims are not infringed because the use of the term “suspended burner” in claim 2, and the more definite phrase “a burner suspended from the gas supplying means” in claim 7, only included a burner which was held by the gas pipe. A careful scrutiny of the action in the Patent Office leaves us no doubt that this was the *128meaning attributed to…
2Cases cited5 opinions
- Carnegie Steel Co. v. Cambria Iron Co.Supreme Court of the United States · 1902
- Graff, Washbourne & Dunn v. WebsterCourt of Appeals for the Second Circuit · 1912
- Steffens v. SteinerCourt of Appeals for the Second Circuit · 1916
- Mygatt v. SchafferCourt of Appeals for the Second Circuit · 1914
- Haff v. R. Wallace & Sons Mfg. Co.Court of Appeals for the Second Circuit · 1913
3Cited by44 opinions
- Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp.Supreme Court of the United States · 1935
- Nat Lewis Purses, Inc. v. Carole Bags, Inc.Court of Appeals for the Second Circuit · 1936
- Harvey Hubbell, Inc. v. General Electric Co.Court of Appeals for the Second Circuit · 1920
- Marconi Wireless Telegraph Co. v. De Forest Radio Telephone & Telegraph Co.Court of Appeals for the Second Circuit · 1917
- Sachs v. Hartford Electric Supply Co.Court of Appeals for the Second Circuit · 1931
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