American Locomotive Sander Co. v. Economy Locomotive Sander Co.
American Locomotive Sander Co. v. Economy Locomotive Sander Co.
Opinion of the Court
In the court below a decree was entered' adjudging patent No. 656,553, issued to H. L. Leach, for a track sander for locomotives, invalid as not involving patentable novelty. From such decree the American Locomotive Sander Company, the owner of the patent, appealed to this court. We are of opinion the decree in the court below was right. The sander of this patent to Leach was of the same general type shown in his earlier patent No. 4:33,686. That patent we considered in a case between these same parties at No. 25 October term, 1907. 162 Fed. 683. It covered the generic device, and gave Leach protection for his inventive contribution. In the present patent he has taken the generic invention, duplicated it, and for mechanical — not functional — reasons fed the dupli
Finding no error in the decree, it is affirmed
Reference
- Full Case Name
- AMERICAN LOCOMOTIVE SANDER CO. v. ECONOMY LOCOMOTIVE SANDER CO.
- Status
- Published