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

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

DecidedNovember 19, 1900

StatusPublished

This text of 105 F. 627 (J. Elwood Lee Co. v. B. F. Goodrich Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

105 F. 627, 1900 U.S. App. LEXIS 4899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-elwood-lee-co-v-b-f-goodrich-co-circtsdny-1900.