Brinkerhoff v. Aloe’s Empirical Analysis
37 F. 92 · 1888
Citation profile
4 federal appellate ·
How this case has been cited
Cited by 8 later decisions (1 by the Supreme Court) — most recently September 1955
4 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Root v. Railway Co. · Reckendorfer v. Faber · Hailes v. Van Wormer · Pickering v. McCullough · Double-Pointed Tack Co. v. Two Rivers Manufacturing Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1; A slide in the side of a speculum extending through its whole length, and used substantially as herein described. “ 2.' The incline in the front fend of the chamber, in combination with the tube, slot and slide, substantially as and for the purposes herein set forth. “3. In cylindrical tubular specula having a slotted side and closed end to prevent the entrance of feces, the incline in the front end of the chamber extending upward from the bottom and forward to under side of slide, substantially as described, and for the purposes herein set forth.”
1 later decision quote this exact passagee.g. Brinkerhoff v. Aloe“2. The third claim of the patent is a claim for- the ‘ incline ’ in cylindrical tubular specula having a slotted side and closed end. “The particular device attempted to be covered by this claim was anticipated, in my opinion, by a rectal speculum produced by Dr. Mudd and shown, to the .satisfaction of the. court, to have been purchased at an instrument .store, and to have been in use in this country before the date of complain-. ant’s invention.”
1 later decision quote this exact passagee.g. Brinkerhoff v. Aloe“Hilton’s rectal speculum, an instrument said to have been in use in. England as early as 1870, also clearly anticipates the first claim of. complainant’s patent, and probably the second and third claims. If Hilton’s speculum, as contended, was described in a printed publication in England as early as 1876, that fact also invalidates the first claim of the patent under consideration, and most likely the second and third claims.”
1 later decision quote this exact passagee.g. Brinkerhoff v. Aloe
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.