U.S. Circuit Court for the District of Southern New York, 1899

Westinghouse Electric & Manufacturing Co. v. Catskill Illuminating & Power Co.

Westinghouse Electric & Manufacturing Co. v. Catskill Illuminating & Power Co.
U.S. Circuit Court for the District of Southern New York · Decided May 17, 1899 · Shipman
94 F. 868; 1899 U.S. App. LEXIS 3109

Counsel

TIios. I!. Kerr, for complainant., Seward Davis, for defendant.

Westinghouse Electric & Manufacturing Co. v. Catskill Illuminating & Power Co.

Opinion of the Court

SHIPMAN, Circuit Judge.

The bill of complaint, so far forth as it relates to letters patent No. 511,559 is demurred to upon the ground that the patent is for a mode of operation which involves only the function of certain machines or apparatus, and is therefore, upon its face, for a process which is not patentable under the law. The patent is not for a function, but is for a new method of producing an electrical result, and the method is carried out or produced by the use of apparatus. The Telephone Cases, 126 U. S. 531, 8 Sup. Ct. 778. The demurrer is overruled, with costs.

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