CHICAGO PNEUMATIC TOOL CO.

v.

INDEPENDENT PNEUMATIC TOOL CO.

Citator

Cited By (11 total)

• LA Salle St. Press, Inc. v. McCORMICK & Henderson, Inc., 445 F.2d 84 (7th Cir. 1971)
  …not be equated with a mere description of an inherent function of operation of a machine as defendant contends, a type of claim which this court has held to be not patentable invention. Miller v. Zaharias, 168 F. 2d 1, 2 (7 Cir. 1948), cert. denied, 335 U.S. 823, 69 S.Ct. 47, 93 L.Ed. 377 (1948); Smith Eng. Works v. Nordberg Mfg. Co., 68 F. 2d 492, 494 (7 Cir. 1934). As the latter case points out, a new process may be devised by using a “machine in a manner in which it was never used before,” and, although…
• Nickerson v. The Bearfoot Sole Co., Inc., 311 F.2d 858 (6th Cir. 1962)
  …aims of a patent must be interpreted with respect to can-celled or rejected claims, and an allowed claim may not be read to cover what has been eliminated from the patent. Miller v. Zaharias, D.C., 72 F.Supp. 29; aff. 7 Cir., 168 F. 2d 1; cert. den. 335 U.S. 823, 69 S.Ct. 47, 93 L.Ed. 377. As heretofore mentioned, claims 1 and 2 were granted because of the cut-out, the hump, and the flat portion set forth therein. When, in considering the question of patentability, the complicated phraseology relating to t…
• Veino v. Fahs, 257 F.2d 364 (5th Cir. 1958)
  …in in a safety deposit box year after year, until September 10, 1952, without drawing any interest. * * * ” . Helvering v. Taylor, 293 U.S. 507, 514, 55 S.Ct. 287, 79 L.Ed. 623; Akers v. Scofield, 5 Cir., 1948, 167 F. 2d 718, 720, certiorari denied 335 U.S. 823, 69 S.Ct. 47, 93 L.Ed. 378. And cf. Cohan v. Commissioner, 2 Cir., 1930, 39 F. 2d 540, 543-544, and Bodoglau v. Commissioner, 7 Cir., 1956, 230 F. 2d 336, 340. . “§ 293. Additions to the tax in case of deficiency. “(b) Fraud. If any part of a defi…