Roberts v. Bennett
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Northern District of New York. This cause comes here by writ of error to review a judgment of the United States Circuit Court for the Northern District of New York in favor of plaintiff below for $168.90, entered upon a verdict of a jury in an action for infringement of plaintiff’s patent No. 25,927, granted to him August 11, 1896, for a design for a basket.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The decisive question herein was raised by defendant’s exception to the denial of his request to instruct the jury to render a verdict for defendant upon the ground, inter alia, that the patent in suit showed no such invention as is requisite to sustain a design patent, and was not ornamental.
The material portions of the specification and claims and Fig. 1 of the patent are as follows:
“Baskets of my design are of the form shown, constructed of metal and without openings or perforations as distinguished from baskets heretofore made of splints or flexible strips…
2Cases cited9 opinions
- Market Street Cable Railway Co. v. RowleySupreme Court of the United States · 1895
- Black Diamond Coal Mining Co. v. Excelsior Coal Co.Supreme Court of the United States · 1895
- Williams Calk Co. v. Neverslip Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1905
- Bradley v. EcclesCourt of Appeals for the Second Circuit · 1903
- Bevin Bros. Mfg. Co. v. Starr Bros. Bell Co.U.S. Circuit Court for the District of Connecticut · 1902
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3Cited by2 opinions
- In re RutledgeCourt of Customs and Patent Appeals · 1931
- Waring Products Corp. v. Landers, Frary & ClarkCourt of Appeals for the Second Circuit · 1959