Legal Opinion

Voightmann v. Perkinson

Court of Appeals for the Seventh Circuit

Decided April 11, 1905PublishedCited by 11 opinions

Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The. bill is to restrain infrlngejnent of letters patent No. 600,186, issued March 8th, 1898, to Frank- Voightmann, for a new and useful improvement in fire proof windows. The bill was dismissed by the Circuit Court for want of equity, and from the decree of dismissal the appeal is prosecuted.

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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The. bill is to restrain infrlngejnent of letters patent No. 600,186, issued March 8th, 1898, to Frank- Voightmann, for a new and useful improvement in fire proof windows. The bill was dismissed by the Circuit Court for want of equity, and from the decree of dismissal the appeal is prosecuted. Other patents cited on the hearing were as follows: No. 188,375, Blarcll 13, 1877, J. Kelly. No. 246,410, Aug. 30, 1881, T. J. Morgan. No. 277,478, May 15, 1883, F. Grinnell. No. 483,020,…

1Opinion of the Court

GROSSCUP, Circuit Judge.

The fire proof window described in appellants’ patent is one made of wire glass, or other fire proof glass, set in a metal frame, which, in turn, is set into a metal casement, the window being so hinged above its center, that when let at rest, it falls automatically into its place in the casement. In this state, and without further accessories, the window, admittedly, existed in the prior art.

Voightmann’s patent contemplates that the window should not always be kept closed, but on occasion should be kept open; and he accomplishes this by a cord or chain attached at one…

2Cited by11 opinions

  1. Old Town Ribbon & Carbon Co. v. Columbia Ribbon & Carbon Mfg. Co.Court of Appeals for the Second Circuit · 1947
  2. Weir Frog Co. v. PorterCourt of Appeals for the Sixth Circuit · 1913
  3. Page Steel & Wire Co. v. Smith Bros. Hardware Co.Court of Appeals for the Sixth Circuit · 1933
  4. Perfect Circle Co. v. Hastings Mfg. Co.Court of Appeals for the Sixth Circuit · 1937
  5. Merit Mfg. Co. v. Hero Mfg. Co., Inc. Merit Mfg. Co. v. SchreinerCourt of Appeals for the Second Circuit · 1950

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