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Smith v. James Mfg. Co.

83 F.2d 221, 29 U.S.P.Q. (BNA) 386, 1936 U.S. App. LEXIS 2492
CourtCourt of Appeals for the Second Circuit
DecidedApril 6, 1936
DocketNo. 273
StatusPublished

This text of 83 F.2d 221 (Smith v. James Mfg. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. James Mfg. Co., 83 F.2d 221, 29 U.S.P.Q. (BNA) 386, 1936 U.S. App. LEXIS 2492 (2d Cir. 1936).

Opinion

MANTON, Circuit Judge.

This suit is for infringement of claims 1, 2, 3, and 5 of the Smith patent, No. 1,-262,860, for an incubator granted April 16, 1918, on an application filed October 26, 1916. Claim 1 has been held invalid in Smith v. Hall (C.C.A.) 83 F.(2d) 217, decided this day. Claims 2 and 3 are similar method claims, and fall for the same reasons as claim 1. With the method claims invalid, there is nothing in claim 5 covering the apparatus to apply the method to support an infringement suit.

Decree reversed.

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Related

Smith v. Hall
83 F.2d 217 (Second Circuit, 1936)

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Bluebook (online)
83 F.2d 221, 29 U.S.P.Q. (BNA) 386, 1936 U.S. App. LEXIS 2492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-james-mfg-co-ca2-1936.