J. Elwood Lee Co. v. B. F. Goodrich Co.

U.S. Circuit Court for the District of Southern New York

J. Elwood Lee Co. v. B. F. Goodrich Co.

105 F. 627, 1900 U.S. App. LEXIS 4899

U.S. Circuit Court for the District of Southern New York·Decided November 19, 1900·Published

Opinion

WHEELER, District Judge.

Tbe suit is brought upon patent No. 390,177, dated September 25, 1888, and granted to J. Elwood Lee, for an improved catheter. The bill is demurred to for want of patentable novelty in the claimed invention. But the improvement is in a surgical instrument. On its face it appears so far new and useful that professional or expert information, beyond common knowledge, is necessary to show that it is not. Demurrer overruled. Defendant to answer over by January rule day.

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WHEELER, District Judge.

Tbe suit is brought upon patent No. 390,177, dated September 25, 1888, and granted to J. Elwood Lee, for an improved catheter. The bill is demurred to for want of patentable novelty in the claimed invention. But the improvement is in a surgical instrument. On its face it appears so far new and useful that professional or expert information, beyond common knowledge, is necessary to show that it is not. Demurrer overruled. Defendant to answer over by January rule day.

J. Elwood Lee Co. v. B. F. Goodrich Co., 105 F. 627, 1900 U.S. App. LEXIS 4899 (circtsdny 1900).

Pincite

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