Byron Jackson Iron Works v. United Iron Works

Citations

• 197 F. 44
• 1911 U.S. App. LEXIS 5446

Syllabus

<p>1. Patents (§ 328*) — Validity and Infringement — Counterbalance foe Centrifugal Pumps.</p> <p>The Jackson patent, No. 666,869, for a counterbalance for centrifugal pumps, covering a combination which includes a variable-controlled pressure chamber regulated by a plug, and No. 729,870, for an improvement on the same, were not anticipated, and disclose invention; also hold-infringed.</p> <p>2. Equity (§ 392*) — Rehearing—Time for Filing Petition.</p> <p>The provision of equity rule 88 (29 Sup. Ct. xxxvii) that no rehearing shall be granted after the term at which the final decree of the court shall have been entered and recorded if an appeal lies to the Supreme Court, but, if no appeal lies, the petition may be admitted at any time before the end of the next term in the discretion of the court, has become inapplicable since the passage of Act March 3, 1891, c. 517, §§ 5, 6, 26 Stat. 827, 828 (U. S. Comp. St. 1901, p. 549), establishing the Circuit Courts of Appeals by which an appeal is given in all equity causes, and the court now has power to entertain a petition for rehearing only during the term at which the decree was entered.</p> <p>[Ed. Note. — For other cases, see Equity, Cent. Dig. §§ S34-851; Dec. Dig. § 392.*]</p>