Eastman Kodak Co. v. Anthony & Scovill Co.
U.S. Circuit Court for the District of Southern New York
Suit in equity for alleged infringement of United States letters patent No. 539,713, dated May 21, 1895, application filed April 21, 1892, granted to Samuel N. Turner for “photographic film roll.” Defenses: Turner not inventor; in view of prior art no patentable invention; and aggregation. Also that third claim is void for want of definiteness, and because of contradictions between it and drawings, etc.
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Suit in equity for alleged infringement of United States letters patent No. 539,713, dated May 21, 1895, application filed April 21, 1892, granted to Samuel N. Turner for “photographic film roll.” Defenses: Turner not inventor; in view of prior art no patentable invention; and aggregation. Also that third claim is void for want of definiteness, and because of contradictions between it and drawings, etc. No infringement when claims construed, as they must be, in view of claims, specifications, and drawings taken together.
1Opinion of the Court
RAY, District Judge.
The patent in suit contains three claims, viz.:
“(1) The herein described new article of manufacture consisting of a strip of opaque material and a continuous strip of sensitized material of a length for a series or number of photographic exposures, superimposed upon said strip of opaque material, a series of marks upon the strip of opaque material on the side opposite the sensitized strip to indicate where the strip is to be stopped for exposure and cut after exposure, said strips of sensitized material and opaque material being adapted to move in unison past an opening in…
2Cases cited2 opinions
- Hill v. WoosterSupreme Court of the United States · 1890
- Klein v. City of SeattleCourt of Appeals for the Ninth Circuit · 1896
3Cited by2 opinions
- The KenilworthCourt of Appeals for the Third Circuit · 1906
- Elliott-Fisher Co. v. DonningU.S. Circuit Court for the District of Southern New York · 1909