Perkins v. Haney Manuf'g Co.

U.S. Circuit Court

Perkins v. Haney Manuf'g Co.

32 F. 395, 1887 U.S. App. LEXIS 2771

DecidedSeptember 19, 1887

StatusPublished

This text of 32 F. 395 (Perkins v. Haney Manuf'g Co.) is published on Counsel Stack Legal Research, covering United States Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Perkins v. Haney Manuf'g Co., 32 F. 395, 1887 U.S. App. LEXIS 2771 (uscirct 1887).

Pincite

Opinion

Severens, J.

I am of opinion, in this case, that so much of the matter covered by the second claim of the complainant’s patent as is involved in the seat manufactured by the defendants, namely, a seat turning upon a pivot so as to be thrown back and under, or partly under, the back, was not new, but had been anticipated by former patents and manufacture. If that is all there is of the second claim, as construed in connection with the specifications and other claims, it is invalid, because it had already been anticipated in its substantial features. At all events, it is all of it that the defendant’s construction employs.

An order will be entered dismissing the bill.

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Severens, J.

I am of opinion, in this case, that so much of the matter covered by the second claim of the complainant’s patent as is involved in the seat manufactured by the defendants, namely, a seat turning upon a pivot so as to be thrown back and under, or partly under, the back, was not new, but had been anticipated by former patents and manufacture. If that is all there is of the second claim, as construed in connection with the specifications and other claims, it is invalid, because it had already been anticipated in its substantial features. At all events, it is all of it that the defendant’s construction employs.

An order will be entered dismissing the bill.

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Bluebook (online)

32 F. 395, 1887 U.S. App. LEXIS 2771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-haney-manufg-co-uscirct-1887.