Leather Grille & Drapery Co. v. Christopherson
Decision Date | 27 October 1910 |
Docket Number | 1,750. |
Citation | 182 F. 817 |
Parties | LEATHER GRILLE & DRAPERY CO. v. CHRISTOPHERSON et al. |
Court | U.S. Court of Appeals — Ninth Circuit |
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Frederick S. Lyon, for appellant.
Stacy W. Gibbs, for appellees.
This is an appeal by the complainant in the court below from a decree dismissing its bill, wherein it sought an injunction and an accounting for damages against the defendants, appellees, for the alleged infringement of letters patent for an improvement in devices for forming ornamental structures such as grilles portieres, etc., out of leather, felt, and other flexible materials. The patent, which is numbered 691,598, was issued to the defendant Louis B. Christopherson and one M. M Gillespie on January 21, 1902, and covers a device or process which is therein described as consisting 'of a flexible material having slits or interspaces made lengthwise of the strips, said strips being opened out, so that the length is essentially transverse to the previous direction and the folding of the edges and connecting them with intermediate unions, so that any desired ornamental forms may be built up from these units.'
The claims of the patent invoked as being infringed are 1, 3, and 7, and are thus stated in the patent:
An illustration of the forms of the device in different stages of the process as disclosed in the patent is presented in the drawings here inserted:
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Fig. 1, the primary form, is a view of a strip of material having the slits made in it, but before stretching or expansion; Fig. 2 is the same strip extended laterally by stretching; Fig. 3 shows the manner of attaching the strips to the unions; and Fig. 4 is a portion of a grille with different forms of unions.
Prior to the date of the alleged infringement the grantees of the patent transferred and assigned all their interest in and rights thereunder to the complainant and appellant; and at the time of the acts complained of the latter was engaged in manufacturing and selling to the public ornamental structures in accordance with its privilege.
Subsequently to this assignment the defendant Christopherson applied for and was granted patent numbered 766,595, issued on August 2, 1904, covering an improvement in the same art, and wherein his invention is thus described:
The following are the drawings thus described:
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Referring to these drawings the patent further states:
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