Home/Sixth Circuit/General Electric Co. v. International Specialty Co.

General Electric Co. v. International Specialty Co.

126 F. 755, 61 C.C.A. 329, 1903 U.S. App. LEXIS 4368
Court of Appeals for the Sixth Circuit·Decided November 3, 1903·No. No. 1,186·Published·Cited by 4 cases

Opinion

RICHARDS, Circuit Judge.

The question involved in this case is the construction and application of the eighth claim of the Anderson patent, No. 412,155, for improvements in electric railway trolleys, the validity of which was sustained by this court in the Star Brass Works v. General Electric Co., 111 Fed. 398, 49 C. C. A. 409. This claim reads as follows:

“(8) The combination, with a trolley frame and trolley wheel, of metallic conducting brushes, G2, between the hubs of the trolley wheel and the said frame, to operate substantially as described.”

[756]*756In a suit for infringement brought by the appellant (complainant below) against the appellee, the court below denied the injunction and dismissed the bill, holding, first, as matter of fact, that in the defendant’s structure the metallic conducting brushes do not bear upon the hubs of the trolley wheel, but are “placed between the trolley frame and the end of the journal or bearing of the trolley wheel”; and, second, as matter of law, that the invention described in the eighth claim is limited to a combination in which the trolley wheel is provided with a nonmetallic insulated bearing, by reading into this claim a part of the specification of the patent.'

i. It is difficult to understand how the court below reached the conclusion that the conducting brushes of the defendant bear upon the ends of the axle or journal and not upon the hubs. We have inspected the defendant’s structure as submitted in the exhibit accompanying the record, and it clearly appears that the brushes bear upon the hub, and not upon the ends of the journal or axle. This is also apparent from an examination of the following illustrations, one showing a perspective view of the trolley harp and conducting brushes, which we held to be an infringement in the Star Brass Works Case, and the other showing a similar view of those of the defendant in the present case.

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General Electric Co. v. International Specialty Co., 126 F. 755, 61 C.C.A. 329, 1903 U.S. App. LEXIS 4368 (6th Cir. 1903).

126 F. 755 (General Electric Co. v. International Specialty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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