Home/Ninth Circuit/Vulcan Iron Works v. Smith

Vulcan Iron Works v. Smith

62 F. 444, 10 C.C.A. 493, 1894 U.S. App. LEXIS 2313
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 28, 1894
DocketNo. 111
StatusPublished

This text of 62 F. 444 (Vulcan Iron Works v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vulcan Iron Works v. Smith, 62 F. 444, 10 C.C.A. 493, 1894 U.S. App. LEXIS 2313 (9th Cir. 1894).

Opinion

GILBERT, Circuit Judge.

This appeal is taken from an interlocutory decree of the circuit court adjudging the patent sued upon to be valid, and the appellant, the defendant therein, to have infringed the same, and enjoining the defendant from further infringing. 57 Fed. 934. The complainant's patent is No. 442,045, and was granted to S. R. Smith on December 10, 1890, for an improvement in band-saw mills. The defenses relied upon on the appeal are: (1) The absence of patentable novelty in the combination of the claims of complainant’s patent; (2) the want of patentable invention in the same; (3) that there is no infringement by the defendant. The complainant’s band-saw mill consists of an endless baud saw, stretched over and revolving about two large wheels, which are separated from each other by a space sufficient to admit of the operation of sawing lumber. The wheels are called the [446]*446upper baud wheel and the lower band wheel. The frame of the mill, as shown in the patent, Fig. 1, consists of a base plate, A, an upright column, C, a horizontal portion, D, extending from the column, between the two band saws, and sustaining an upright arm, D1, upon the outer side of the vertical plane of the band wheels, and a similar arm, D2, extending downward, the object of both of Which arms is to furnish outer bearings respectively for the upper and lower band wheels; the inner bearings being attached to the upright column, 0, and both the upper bearings being placed in tubes set in the column, 0, and in the outer arm, D1. The first claim of the patent is as follows:

“In a band-saw mill, tlie combination, with the band wheels and main supporting frame or column, ol' an integral standard carrying the front bearings of the upper and lower band-wheel shafts, said standard being attached to the frondside of said main frame or column between said band wheels, substantially as hereinbefore set forth.”

It is urged that this claim is anticipated by the English patent to William Newbury, No. 3,105, issued in 1808; by the United States patent to W. F. Parish, No. 388,069, of August 21, 1888; by the

[447]*447

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Snow v. Lake Shore & Michigan Southern Railway Co.
121 U.S. 617 (Supreme Court, 1887)
Roemer v. Peddie
132 U.S. 313 (Supreme Court, 1889)
Burt v. Evory
133 U.S. 349 (Supreme Court, 1890)
Busell Trimmer Co. v. Stevens
137 U.S. 423 (Supreme Court, 1890)
Hoff v. Iron Clad Manufacturing Co.
139 U.S. 326 (Supreme Court, 1891)
Union Edge Setter Co. v. Keith
139 U.S. 530 (Supreme Court, 1891)
Ryan v. Hard
145 U.S. 241 (Supreme Court, 1892)
Derby v. Thompson
146 U.S. 476 (Supreme Court, 1892)
Smith v. Vulcan Iron Works
57 F. 934 (U.S. Circuit Court for the District of Northern California, 1892)

Cite This Page — Counsel Stack

Bluebook (online)
62 F. 444, 10 C.C.A. 493, 1894 U.S. App. LEXIS 2313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vulcan-iron-works-v-smith-ca9-1894.