SMITH
v.
JAMES MFG. CO. ET AL.
SMITH
JAMES MFG. CO. ET AL.
83 F.2d 221
United States Court of Appeals for the Second Circuit (1936)
Positive Treatment
Cited by 3 cases
Opinion of the Court
This suit is for infringement of claims 1, 2, 3, and 5 of the Smith patent, No. 1,-262,860, for an incubator granted April 16, 1918, on an application filed October 26, 1916. Claim 1 has been held invalid in Smith v. Hall (C.C.A.) 83 F.(2d) 217, decided this day. Claims 2 and 3 are similar method claims, and fall for the same reasons as claim 1. With the method claims invalid, there is nothing in claim 5 covering the apparatus to apply the method to support an infringement suit.
Decree reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kraft Foods Co. v. Commissioner OF Internal Revenue, 232 F.2d 118 (2d Cir. 1956)
-
Grant v. Commissioner of Internal Revenue, 209 F.2d 430 (2d Cir. 1953)
-
Thurber v. Commissioner of Internal Revenue, 84 F.2d 815 (1st Cir. 1936)
Authorities Cited
- Smith v. Hall, 83 F.2d 217 (2d Cir. 1936)