Westinghouse Electric & Manufacturing Co. v. Catskill Illuminating & Power Co.

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

Westinghouse Electric & Manufacturing Co. v. Catskill Illuminating & Power Co.

94 F. 868, 1899 U.S. App. LEXIS 3109

U.S. Circuit Court for the District of Southern New York·Decided May 17, 1899·Published

Opinion

SHIPMAN, Circuit Judge.

The bill of complaint, so far forth as it relates to letters patent No. 511,559 is demurred to upon the ground that the patent is for a mode of operation which involves only the function of certain machines or apparatus, and is therefore, upon its face, for a process which is not patentable under the law. The patent is not for a function, but is for a new method of producing an electrical result, and the method is carried out or produced by the use of apparatus. The Telephone Cases, 126 U. S. 531, 8 Sup. Ct. 778. The demurrer is overruled, with costs.

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SHIPMAN, Circuit Judge.

The bill of complaint, so far forth as it relates to letters patent No. 511,559 is demurred to upon the ground that the patent is for a mode of operation which involves only the function of certain machines or apparatus, and is therefore, upon its face, for a process which is not patentable under the law. The patent is not for a function, but is for a new method of producing an electrical result, and the method is carried out or produced by the use of apparatus. The Telephone Cases, 126 U. S. 531, 8 Sup. Ct. 778. The demurrer is overruled, with costs.

Westinghouse Electric & Manufacturing Co. v. Catskill Illuminating & Power Co., 94 F. 868, 1899 U.S. App. LEXIS 3109 (circtsdny 1899).

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94 F. 868 (Westinghouse Electric & Manufacturing Co. v. Catskill Illuminating & Power Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.