Westinghouse Mach. Co. v. C. & G. Cooper Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Southern District of Ohio; John E. Safer, Judge. Suit in equity by the Westinghouse Machine Company and others against the C. & G. Cooper Company. Decree for defendant, and complainants appeal.
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Appeal from the District Court of the United States for the Eastern Division of the Southern District of Ohio; John E. Safer, Judge. Suit in equity by the Westinghouse Machine Company and others against the C. & G. Cooper Company. Decree for defendant, and complainants appeal. This is a suit for infringement of patent No. 921,864, for a valve motion for gas motors, issued May 18, 1909, to Gustave Mees, and assigned to appellants (hereafter called plaintiffs). The court below held that the structure made by the appellee (hereafter called defendant) did not infringe, and dismissed the bill.…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] When we remember that Mees’ device involves three functions, that of a cylinder inlet valve, that of a reciprocal slide valve cut-off for the gas or for the gas and air, and that of a rotary slide valve throttle for the gas or for the gas and air, the distinctions between these four claims are apparent. Claim 5 has no reference to throttling both air and gas. In effect, it calls only for a piston shut-off valve reciprocating simultaneously with the inlet valve and revolving to throttle either gas or air. Claim 6 further specifies that the controlling…
2Cases cited1 opinion
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
3Cited by6 opinions
- American Surety Co. of New York v. MosherArizona Supreme Court · 1936
- Liquid Carbonic Co. v. Gilchrist Co.Court of Appeals for the Seventh Circuit · 1918
- Thomas v. AndersonCalifornia Court of Appeal · 1950
- Jones v. General Fireproofing Co.Court of Appeals for the Sixth Circuit · 1918
- Fox Typewriter Co v. Corona Typewriter Co.Court of Appeals for the Sixth Circuit · 1922
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