Legal Opinion

American Steel & Wire Co. of New Jersey v. Denning Wire & Fence Co.

U.S. Circuit Court for the District of Northern Iowa

Decided March 3, 1908No. 34PublishedCited by 2 opinions

In Equity. On final hearing. Suit for an alleged infringement of claims l.and 3 of letters patent, No. 561,193, issued to Albert J. Bates June 2, 1896, from whom complainant derives title, for improvements in woven-wire fence.

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In Equity. On final hearing. Suit for an alleged infringement of claims l.and 3 of letters patent, No. 561,193, issued to Albert J. Bates June 2, 1896, from whom complainant derives title, for improvements in woven-wire fence. The application was filed January 6, 1896. The defenses are (1) that' the patent is lacking in patentable novelty and involves only mechanical skill; (2) that it is anticipated by prior patents and use of other well-known wire fences; and (3) noninfringement.

1Opinion of the Court

REED, District Judge..

The claims of the patent alleged to have been infringed by defendant are:

“1. The herein-described woven-wire fencing comprising the several plain parallel si rand-wires S, and the plurality of single plain stay-wires D, arranged conned ing said strand-wires together by being coiled, at their end portions, about said strand-wires and intereoiled at their meeting ends, substantially as set forth.”
“3. The heroin-described woven-wire fencing, comprising the series of parallel strand-wires arranged in graduated order, and the plurality of single graduated stay-wires arranged…

2Cases cited4 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
  3. Cochrane v. Badische Anilin & Soda FabrikSupreme Court of the United States · 1884
  4. American Wood-Paper Co. v. Fibre Disintegrating Co.Supreme Court of the United States · 1874

3Cited by2 opinions

  1. American Steel & Wire Co. of New Jersey v. Denning Wire & Fence Co.Court of Appeals for the Eighth Circuit · 1912
  2. American Steel & Wire Co. v. Denning Wire & Fence Co.Court of Appeals for the Eighth Circuit · 1909

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