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Gustin v. New Albany Rail-Mill Co.

Gustin v. New Albany Rail-Mill Co., 53 F. 120 (7th Cir. 1892)
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Court
Court of Appeals for the Seventh Circuit · U.S. Courts of Appeals
Decided
October 27, 1892
Judges
Burr, Gresham, Jerkies
Citations
53 F. 1203 C.C.A. 4741892 U.S. App. LEXIS 1459
Disposition
Affirmed.
Headnotes
1 Patents for Inventions — Device for Carrying Railroad Rails — Anticipation. The first and second claims of reissued letters patent No. 7,898, (original No. 190,211, dated May 1, 1887,) “for improvement in apparatus for carrying railroad rails, ” whereby the upper surface of the carrier is arranged at or below the level of the bed, and provided with projecting catches in combination with the bed, the driving chains, and the guide rails, are anticipated by the patent to White and Wostenholm, March 19, 1873, No. 124,687. 47 Fed. Rep. 508, affirmed. 2. Same. The third claim of said letters patent, in reference to “the combination with an endless chain, B, subject to expansion by hot rails of a pulley, h, arranged in a side bearing, d, held by a movable weight, ” is void, in view of the prior art, and anticipated by the patent to S. E. Jewett, June 9, 1874, No. 151,705, showing a movable pulley controlled by a weight at the end of a chain. 47 Fed. Rep. 508, affirmed.
Summary
Appeal from tlie Circuit Court of the United States for tlie District of Indiana. In Equity. Suit by Andrew J. Gustin against tbe Eew Albany Bail-Mill Company and others for infringement of patent. Bill dismissed. Complainant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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PER CURIAM.

The decree appealed from is affirmed, upon the grounds stated in the opinion of the court below, reported in 47 Fed. Rep. 508.

How later courts describe this case

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1901: 119012026peak 1901 · 1

Relies on it most ⓘ

  1. Justi v. Clark108 F. 659 (7th Cir. 1901) · Dissent

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  1. Justi v. Clark108 F. 659 (7th Cir. 1901) · Dissent

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