Overweight Counterbalance Elevator Co. v. Henry Vogt Mach. Co.
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. This is a suit in equity brought originally against Kate P. Leaman for the alleged infringement of letters patent No. 257,913, for an improvement in freight and passenger elevators, issued to Philip Hinkle, May 16, 1882, upon an application filed September 27, 1881, assigned to O. M. Weymann, March 1, 1897, and by him assigned, on the 17th day of the same month, to…
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Appeal from the Circuit Court of the United States for the Western Division of .the Southern District of Ohio. This is a suit in equity brought originally against Kate P. Leaman for the alleged infringement of letters patent No. 257,913, for an improvement in freight and passenger elevators, issued to Philip Hinkle, May 16, 1882, upon an application filed September 27, 1881, assigned to O. M. Weymann, March 1, 1897, and by him assigned, on the 17th day of the same month, to the complainant, the Overweight Counterbalance Elevator Company. The infringement complained of consisted of the alleged…
1Opinion of the CourtSeverens, Circuit Judge
The Hinkle patent, on which this suit is founded, relates to the construction of elevators used for carrying passengers and freight *959in a cage or upon a platform moving up and down through, a shaft adapted to the purpose. Many different styles of apparatus had been employed prior to his application, based upon the same general ideas, and some of them having such close resemblance to his own as to make it necessary to institute a sharp comparison in order to ascertain what, if any, advance in the nature of invention he made over the prior condition of the art. He gives the following statement…
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