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Johnson v. Olsen

61 F. 829, 1894 U.S. App. LEXIS 2830
CourtDistrict Court, D. Indiana
DecidedMay 29, 1894
DocketNo. 8,782
StatusPublished

This text of 61 F. 829 (Johnson v. Olsen) is published on Counsel Stack Legal Research, covering District Court, D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Olsen, 61 F. 829, 1894 U.S. App. LEXIS 2830 (indianad 1894).

Opinion

BAKER, District Judge.

This is a suit in equity for an injunction, and for the recovery of damages for the infringement of letters patent of the United States No. 452,553, issued May 19, 1891, to the complainant, on improvements in excelsior machines. The defendant has interposed as grounds of defense: license, invention of the machine by defendant, abandonment, two years’ prior use, that the claims are for aggregations, lack of novelty, and lack of invention. The defendant’s contention—and the only one which the court deems it necessary to pass upon—is that the complainant’s patent is void for lack of novelty and lack of invention. The object of the invention is to enable upright excelsior machines to cut a larger quantity of long, unbroken, hair-like fibers from wood than prior machines had been able to cut, and to produce a machine which could be operated more cheaply, while it would last longer, and need less repairs. The claims as finally allowed, and the, claims originally made and rejected, and afterwards canceled by complainant, and also the various amendments which appear in the record of the application on which the patent was granted, are as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
61 F. 829, 1894 U.S. App. LEXIS 2830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-olsen-indianad-1894.