Frederick R. Stearns & Co. v. Russell
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. John B. Russell filed his bill in equity In the circuit court against Frederick R. Stearns & Co., a corporation, seeking to restrain the defendants from further infringement of United States letters patent No. 389,485, issued on September 11, 1888, to the complainant, for a “device for holding and dipping pills,” etc.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. John B. Russell filed his bill in equity In the circuit court against Frederick R. Stearns & Co., a corporation, seeking to restrain the defendants from further infringement of United States letters patent No. 389,485, issued on September 11, 1888, to the complainant, for a “device for holding and dipping pills,” etc. The bill described the device by the following averment: “That your orator’s patented device consists of a bar having a number of hollow seats for the reception of pills, which bar is…
1Opinion of the CourtTaft, Circuit Judge
The first issue between the parties is whether the patent before us is to be regarded as a machine merely for lifting and holding pills, or as an element of a larger mechanical combination of parts used in the process of pill-dipping. It seems to be the view of the defendant and appellee that other things required to be used in dipping pills can be implied as elements of the claims, and that thereby the novelty of the invention will become clear from the circumstance that no device of any form embodying the pneumatic principle of complainant’s bar had ever before been used in combination with…
2Cases cited28 opinions
- Loom Co. v. HigginsSupreme Court of the United States · 1882
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Atlantic Works v. BradySupreme Court of the United States · 1883
- Potts v. CreagerSupreme Court of the United States · 1895
- Cochrane v. DeenerSupreme Court of the United States · 1877
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3Cited by62 opinions
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- Standard Caster & Wheel Co. v. Caster Socket Co.Court of Appeals for the Sixth Circuit · 1901
- Goodyear Tire & Rubber Co. v. Rubber Tire Wheel Co.Court of Appeals for the Sixth Circuit · 1902
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