Peters v. Active Mfg. Co.

Decision Date22 August 1884
Citation21 F. 319
PartiesPETERS v. ACTIVE MANUF'G CO. [1]
CourtU.S. District Court — Southern District of Ohio

J. W Firestone and Wm. Hubbell Fisher, for complainant.

Stem &amp Peck, for respondent.

SAGE J.

This suit is brought upon letters patent No. 178,463, issued to complainant, June 6, 1876, for an improvement in tools for attaching sheet-metal mouldings. The specifications set forth the invention of certain new and useful improvements in sheaths or holders for applying mouldings to the tops of carriage dash-boards, and that it comprises a peculiarly constructed sheath or holder, wherewith the moulding may be applied expeditiously, and without bending or buckling, or injuring or marring, either the moulding or dash-board. The sheath may be made of one or more pieces of metal, or it may be made of wood lined with a metallic bushing. When made of two pieces or parts, which is the form preferred by the patentee, the pieces are connected by bolts and washers, and grooved so as to inclose the moulding; a key or other suitable stop being fitted within the sheath to prevent the moulding slipping through the groove. The sheath has undercut notches to receive the key, which is detachable, and serves as a stop or abutment for the rear end of the moulding to rest against. Notches may be cut at such distances from the front end of the sheath as may be required for the various lengths of mouldings to be used, or the notches and key may be dispensed with, and a screw stop, described in the specifications, substituted. The moulding consists of a sheet-metal tube, having a longitudinal slot or parting, and its forward end is made flaring or trumpet-mouthed, so as not to tear the leather coverings of the dash while the moulding is being applied. The dash is held perfectly rigid in clamps and the sheath, containing the moulding and fitting it closely so as to prevent buckling, is drawn, by means of a cord or strap, attached to a hook or link, pivoted to the front end and guttered to avoid contact with the edge of the dash, along the upper edge of the dash, which projects above the clamps. As the sheath advances, the flaring mouth serves to conduct the leather margins of the dash into the longitudinal slot of the moulding, and, the sheath fitting the moulding closely, prevents any radial distention and causes it to be fitted uniformly and securely to the dash. After the moulding has been drawn to its place on the dash, the sheath may be retracted without withdrawing the moulding. The flaring or trumpet end of the moulding is then filed off or disposed of in any other suitable manner. While the sheath is being drawn along the top of the dash the moulding is impelled forward by the key or stop, and consequently no strain is brought to bear upon the flaring end of the moulding. 'It is evident,' says the...

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10 cases
  • Electrical Accumulator Co. v. Julien Electric Co.
    • United States
    • U.S. District Court — Southern District of New York
    • March 18, 1889
    ... ... electricity of themselves, and are active only when rendered ... so by sending a current through them from an independent ... source of ... made before the application, they anticipate. Cook v. Tool ... Co., 4 S.Ct. 4; Peters v. Manufacturing Co., 21 F ... 319; affirmed, 9 S.Ct. 389, (March 5, 1889.) Prof. Eaton ... ...
  • Everlube Corporation of America v. Electrofilm, Inc., 20315.
    • United States
    • U.S. District Court — Southern District of California
    • July 29, 1957
    ...the old truism in the law of patent that "That which infringes, if later, would anticipate, if earlier". See, Peters v. Active Mfg. Co., C.C.Ohio 1884, 21 F. 319-321; Peters v. Active Mfg. Co., 1889, 129 U.S. 530, 537, 9 S.Ct. 389, 32 L.Ed. 738; Knapp v. Morss, 1893, 150 U.S. 221, 228, 14 S......
  • Blanchard v. JL Pinkerton, Inc.
    • United States
    • U.S. District Court — Southern District of California
    • May 13, 1948
    ...Blanchard application was filed, infringe. There is a formula which, so far as can be ascertained, is traceable to Peters v. Active Mfg. Co., C.C.Ohio 1884, 21 F. 319, 321, and which teaches that "that which infringes, if later, would anticipate, if But as is the case with all laconic formu......
  • Muller v. Lodge & Davis Machine Tool Co.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • December 8, 1896
    ... ... structure. 'That which infringed if later, anticipates if ... earlier. ' Peters v. Manufacturing Co., 21 F ... 319; Id., 129 U.S. 537, 9 Sup.Ct. 389; Knapp v ... Morss, 150 ... ...
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