HARTFORD-EMPIRE CO.
v.
OBEAR-NESTER GLASS CO. ET AL.

U.S. | 1935-01-07
No. 533
293 U.S. 625 Supreme Court of the United States (1935) Positive Treatment
Cited by 3 cases

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  • Field v. Knowles, 183 F.2d 593 (C.C.P.A. 1950)
    …operative machine has been held lacking in patentable utility where its use in industry would be prohibitive due to the limitations inherent in its nature, Hartford-Empire Co. v. Obear-Nester Glass Co., 8 Cir., 1934, 71 F. 2d 539, certiorari denied 293 U.S. 625, 55 S.Ct. 345, 79 L.Ed. 712; Cleveland Punch & Shear Works Co. v. E. W. Bliss Co., 6 Cir., 1944, 145 F. 2d 991. The capacity to perform in the manner intended, though only in a crude way, is sufficient, Hildreth v. Mastoras, 257 U.S. 27, 34, 42 S.Ct…
  • Hartford-Empire Co. v. Obearnester Glass Co., 95 F.2d 414 (8th Cir. 1938)
    …s were in the art of mechanical devices to feed molten glass from furnaces into parison molds to form articles, such as bottles or jars. In another case (Hartford-Empire Co. v. Obear-Nester Glass Co., 8 Cir., 71 F. 2d 539, 544-548, certiorari denied 293 U.S. 625, 55 S.Ct. 345, 79 L.Ed. 712), which involved the same devices sought to be brought in by this application for supplemental injunction but different patents from those here, though in the same art, this court endeavored to define that “art” and to se…
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  • …tical usefulness, and a machine is not useful if it merely accomplishes a purpose only to such a restricted extent as to make its use in industry prohibitive. Hartford-Empire Co. v. Obear-Nester Glass Co., 8 Cir., 71 F. 2d 539, 544 certiorari denied 293 U.S. 625, 55 S.Ct. 345, 79 L.Ed. 712. While crude operativeness may be enough in the case of a generic patent, Hildreth v. Mastoras, 257 U.S. 27, 66, 42 S.Ct. 20, 66 L.Ed. 112, Sun Ray Gas Corp. v. Bellows-Claude Neon Co., 6 Cir., 49 F. 2d 886, the patent i…

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