Thatcher Heating Co v. Burtis
Decision Date | 18 April 1887 |
Citation | 7 S.Ct. 1034,121 U.S. 286,30 L.Ed. 942 |
Parties | THATCHER HEATING CO. and others v. BURTIS and another. 1 |
Court | U.S. Supreme Court |
[
B. F. Lee, for appellants.
A. J. Todd, for appellees.
This is a bill in equity filed December 13, 1875, by the appellants, as assignees of John M. Thatcher, to restrain the alleged infringement of letters patent No. 104,376, dated June 14, 1870, granted to John M. Thatcher for certain new and useful improvements in fire-place heaters. There was a decree below dismissing the bill, from which the complainants prosecute the present appeal. The patentee in his specification describes his invention as follows:
The specification then proceeds to describe in detail the various parts and arrangements of the heater, but, as that portion is not material to a determination of the questions arising in the case, it is omitted. The specification then proceeds as follows:
The first and second claims, which are alone involved in this controversy, are as follows
The case turned in the circuit court on the question of the validity of the patent on the ground of want of novelty in the invention in view of the state of the art at its date. In pasi ng upon this question on final hearing, Judge WALLACE, in his opinion, stated the grounds of his decree dismissing the bill, as follows: expert, Mr. Brevoort, states: 'The problem Thatcher had before him was to place the fuel magazine within the Bibb & Augee heater.' It must be conceded that it was not obvious that such a fuel magazine could be advantageously employed in such a heater. Attempts had been made by...
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... ... 620; Sutter v. Robinson, 119 U.S ... 530, 541, 7 Sup.Ct. 376, 30 L.Ed. 492; Thatcher Heating ... Co. v. Burtis, 121 U.S. 286, 7 Sup.Ct. 1034, 30 L.Ed ... 942; United States ... ...
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