Vacuum Oil Co. v. Buffalo Lubricating Oil Co.

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

Vacuum Oil Co. v. Buffalo Lubricating Oil Co.

23 F. 891, 1885 U.S. App. LEXIS 2011

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

DecidedMarch 20, 1885

StatusPublished

This text of 23 F. 891 (Vacuum Oil Co. v. Buffalo Lubricating Oil Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Northern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vacuum Oil Co. v. Buffalo Lubricating Oil Co., 23 F. 891, 1885 U.S. App. LEXIS 2011 (circtndny 1885).

Pincite

Opinion

Wallace, J.

For the reasons stated orally at the hearing of this cause the second and twelfth claims of the patent in suit (No. 68,426, granted September 3, 1867, to Hiram B. Everest, assigned to complainant) are clearly void lor want of novelty. Inasmuch as no disclaimer has been filed, it is unnecessary to consider the validity of the other claims. After the term of a patent has expired it is too late to file a disclaimer. The suit cannot therefore be maintained, and the bill is dismissed.

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Wallace, J.

For the reasons stated orally at the hearing of this cause the second and twelfth claims of the patent in suit (No. 68,426, granted September 3, 1867, to Hiram B. Everest, assigned to complainant) are clearly void lor want of novelty. Inasmuch as no disclaimer has been filed, it is unnecessary to consider the validity of the other claims. After the term of a patent has expired it is too late to file a disclaimer. The suit cannot therefore be maintained, and the bill is dismissed.

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Bluebook (online)

23 F. 891, 1885 U.S. App. LEXIS 2011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vacuum-oil-co-v-buffalo-lubricating-oil-co-circtndny-1885.