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

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

DecidedMay 17, 1899

StatusPublished

This text of 94 F. 868 (Westinghouse Electric & Manufacturing Co. v. Catskill Illuminating & Power Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

94 F. 868, 1899 U.S. App. LEXIS 3109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westinghouse-electric-manufacturing-co-v-catskill-illuminating-power-circtsdny-1899.