Nutter v. Brown’s Empirical Analysis

Citation profile

3 federal appellate ·

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) In a bell for bicycles and other velocipedes, an oscillatory plate or disk mounted to turn in the rear of the gong, and complementary striking mechanism carried by said plate, and adapted by the movement thereof to be thrown into and out of action by contract with and removal from the bicycle or velocipede wheel. “(2) In combination with a gong carried by the frame of a bicycle or other velocipede, an oscillatory plate or disk carrying a striker adapted to operate on said gong, mechanism carried by said plate or disk for transmitting the power of the bicycle or velocipede wheel to operate ttie striker, and means for turning said plate or disk to throw its power transmitting mechanism into and out of contact with said wheel, substantially as herein described. “(3) In combination with a gong carried by the frame of a bicycle or other velocipede, an oscillatory plate or disk fitted and adapted to turn freely in the inner side of the gong, and carrying a striker adapted to operate on said gong, mechanism carried by said plate or disk for transmitting the power of the bicycle or velocipede wheel to operate the striker, and means l’or turning' said plate or disk to throw its power transmitting mechanism into and out of contact with said wheel, substantially as herein described. “(4) A bell for bicycles and other velocipedes consisting of a bracket secured to the fork of the machine and extending beside its wheel, a gong supported upon the outer end of the bracket, a plate or d”

   1 later decision quote this exact passage · from the majority
   e.g. Nutter v. Mossberg

2. ““In Consolidated Electric Company v. Holtzer, 67 Fed. 907 , 15 C. C. A. 63 , decided by us on April 6, 1895, it was said, at page 908, 67 Fed., and page 64, 15 C. C. A., that ‘the right to improve on prior devices by making solid castings in lieu of constructions of attached parts is so universal in the arts as to have become a common one, so that the burden rests on any one who sets up this improvement in any particular instance as patentable to show special reasons to support his claim.’ So, by parity of reasoning, it is so common in the arts to shift the movable point, when there is a movable point, that the mere statement that it is shifted will not enable the court to pronounce that there has been a substantial advance.””

   1 later decision quote this exact passage · from the majority
   e.g. United States Peg-Wood, Shank & Leather Board Co. v. B. F. Sturtevant Co.

3. ““My invention consists essentially in an oscillatory plate or disk carrying the striker and operating mechanism therefor, said plate or disk by its movement being adapted to throw its striker operating mechanism into and out of engagement with the bicycle wheel to actuate It or to allow it to remain at rest.””

   1 later decision quote this exact passage · from the majority
   e.g. Nutter v. Mossberg