U.S. Court of Appeals for the Second Circuit, 1915

Foundation Co. v. O'Rourke Engineering Const. Co.

Foundation Co. v. O'Rourke Engineering Const. Co.
U.S. Court of Appeals for the Second Circuit · Decided November 9, 1915 · Coxe, Lacombe, Rogers
228 F. 515; 143 C.C.A. 97; 1915 U.S. App. LEXIS 2047

Foundation Co. v. O'Rourke Engineering Const. Co.

Opinion of the Court

PER CURIAM.

[1,2] Judge Hunt has made a clear statement of the improvements covered by the claims in issue and a careful analysis of the various defenses and alleged anticipations urged by the appellant. We agree with him except as to claim 6 of No. 759,389. This claim as originally inserted was as follows: “A caisson having a cutting edge of masonry.” After the trial, but prior to the final submission of the case, the plaintiff filed a disclaimer which limited this claim to concrete, so that it read: “A caisson having a cutting edge of concrete.” It is not contended that the alleged infringing structure has a cutting edge of concrete. All that counsel for the plaintiff asserts in this particular is that “the cutting edge of the Walker-Lispenard caissons is backed solidly by concrete and its face half concrete and half iron.” In other words, the contention is that a cutting edge half iron and half concrete is a cutting edge of concrete. We are unable to agree with this contention, as the claim is expressly limited to a cutting edge of concrete.

The decree is affirmed, with costs, but with half co§,ts only as to patent No. 759,389.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.