98 F.2d 756 (2nd Cir. 1938), 244, Johnson Metal Products Co. v. Lundell-Eckberg Mfg. Co., Inc.
|Citation:||98 F.2d 756, 38 U.S.P.Q. 500|
|Party Name:||JOHNSON METAL PRODUCTS CO et al. v. LUNDELL-ECKBERG MFG. CO., Inc.|
|Case Date:||July 29, 1938|
|Court:||United States Courts of Appeals, Court of Appeals for the Second Circuit|
D. L. Carlson, of Jamestown, N.Y. (Drury W. Cooper. of New York City, J. William Ellis, of Buffalo, N.Y., and Ernest D. Given, of New York City, of counsel), for defendant-appellant.
E. T. Bean, of Buffalo, N.Y. (H. C. Lord, of Erie, Pa., and W. J. Belknap, of Detroit, Mich., of counsel), for complainants-appellees.
Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
AUGUSTUS N. HAND, Circuit Judge.
This appeal is concerned with two U.S. Patents to Johnson No. 1,805,403 of which Claim 29, and No. 1,841,187 of which Claims 12 and 13 were held valid and infringed by the defendant. The subject matter of the patents has to do with windows of the kind having sashes or ventilators which are pivoted or hinged on the window frame as distinguished from windows in which the sashes or ventilators are mounted to slide up and down in the window frame. Windows having such pivoted or hinged sashes are known as casement windows. They have, as the art shows, been constructed in various ways of both wood and metal. Many of them have some mechanism comprising a member which can be pushed and pulled by hand to open and close the sashes. It is variously referred to as actuator, or operator, or stay bar.
The only claim of U.S. Patent No. 1,805,403 which was sustained by the trial judge is Claim 29 which reads as follows:
'29. A casement window comprising a skeleton metal frame, an out-swinging sash on the frame, a frame forming a stop for the sash, a window lock mounted on the frame and directly engaging an immediately adjacent part of the free edge of the sash, said lock having a handle, an actuator secured to the sash and mounted on the frame, said frame, sash, lock and actuator being adapted to form a standardized fabricated self-contained metal unit insertible into a window opening and with the lock and actuator operable from inside the window, and a screen having a frame insertible into and from the inside of a wall opening and mounted on the room face of the frame closely adjacent to the sash when closed, said lock and actuator being operable without opening the screen.'
Claims held invalid in the court below, which separately contained the...
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