U.S. Court of Appeals for the Second Circuit, 1898

Peck, Stow & Wilcox Co. v. Fray

Peck, Stow & Wilcox Co. v. Fray
U.S. Court of Appeals for the Second Circuit · Decided November 15, 1898 · Lacombe, Wallace
92 F. 1021; 34 C.C.A. 688; 1898 U.S. App. LEXIS 1883

Peck, Stow & Wilcox Co. v. Fray

Opinion of the Court

PER CURIAM.

It would seem that the patent, if sustainable at all, must

be construed as an extremely narrow one. Manifestly, defendant’s device is not a Chinese copy of complainant’s, and appellant has introduced sufficient evidence of the prior art, as disclosed in patents, to overcome the presumption *1022arising from the issuance of the patent, — at least, if it he construed so broadly •as to cover defendant’s device, which can he done only by a liberal application ■of the doctrine of equivalents. The patent lias never been adjudicated, and its construction upon ex parte papers is too doubtful to warrant the issue of a preliminary injunction. The order for preliminary injunction (88 Fed. 784; is reversed, with costs of this appeal.

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