Legal Opinion

Jones v. Cyphers

Court of Appeals for the Second Circuit

Decided November 24, 1903No. 10PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the Western District of New York. This is an appeal from a decree of the Circuit Court, Western District of New York, on pleadings and proofs, dismissing a bill brought for alleged infringement of United States letters patent No. 586,088, issued to Walter P. Jones July 6, 1897, for improvements in incubators and brooders.

1Opinion of the Court

UACOMBE, Circuit Judge.

The patent contains 41 claims, of which Nos. 1, 2, 3, 9, and 14 only are involved. Briefly stated, the invention disclosed and covered by these claims, as described by complainant’s expert, consists of an incubator or brooder in which there are incorporated or assembled a closed chamber having a fresh-air inlet, means for heating the chamber, which includes a heating device, and an exit or passage connecting the chamber with the heating device ; the combination or organization of the elements recited being such as to produce or cause a positive circulation of air within…

2Cases cited5 opinions

  1. Mahn v. HarwoodSupreme Court of the United States · 1884
  2. Slawson v. Grand Street RailroadSupreme Court of the United States · 1883
  3. Hendy v. Golden State & Miners' Iron WorksSupreme Court of the United States · 1888
  4. Grier v. WiltSupreme Court of the United States · 1887
  5. Briggs v. DuellCourt of Appeals for the Second Circuit · 1899

3Cited by8 opinions

  1. Buckeye Incubator Co. v. WolfDistrict Court, N.D. Ohio · 1923
  2. Weir Frog Co. v. PorterCourt of Appeals for the Sixth Circuit · 1913
  3. Sodemann Heat & Power Co. v. KauffmanCourt of Appeals for the Eighth Circuit · 1921
  4. Zip Mfg. Co. v. PuschCourt of Appeals for the Eighth Circuit · 1924
  5. De Vry Corp. v. Acme Motion Picture Projector Co.Court of Appeals for the Seventh Circuit · 1920

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