Wheeler v. Hart

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

Wheeler v. Hart

32 F. 78, 1887 U.S. App. LEXIS 2716

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

DecidedAugust 23, 1887

StatusPublished

This text of 32 F. 78 (Wheeler v. Hart) 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

Wheeler v. Hart, 32 F. 78, 1887 U.S. App. LEXIS 2716 (circtndny 1887).

Pincite

Opinion

Blatchford, Justice.

The words of claim 1 of the Goodenow & Owens patent, “a furnace having secured thereto a detachable radiator,” “substantially as and for the purpose set forth,” require, by reference to the descriptive part of the specification, that the radiator shall not only be detachable, but shall be secured by the flange, N, the slots, N', and the lugs, 0, which, as the specification says, securely look it in position, it being made detachable by bringing the lugs opposite to the slots. The state of the art also requires this interpretation of the claim. As the defendants’ furnace contains no such means, and no equivalent means of securing the radiator in position, there is no infringement, and the bill must be dismissed, with costs.

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Blatchford, Justice.

The words of claim 1 of the Goodenow & Owens patent, “a furnace having secured thereto a detachable radiator,” “substantially as and for the purpose set forth,” require, by reference to the descriptive part of the specification, that the radiator shall not only be detachable, but shall be secured by the flange, N, the slots, N', and the lugs, 0, which, as the specification says, securely look it in position, it being made detachable by bringing the lugs opposite to the slots. The state of the art also requires this interpretation of the claim. As the defendants’ furnace contains no such means, and no equivalent means of securing the radiator in position, there is no infringement, and the bill must be dismissed, with costs.

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Bluebook (online)

32 F. 78, 1887 U.S. App. LEXIS 2716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-hart-circtndny-1887.