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eBook details

• Title: Stimpson v. Woodman
• Author : United States Supreme Court
• Release Date : January 01, 1869
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Messrs. B. R. Curtis and G. L. Roberts, for the plaintiff in error; Mr. Wakefield, contra. Taking the evidence as stated in the bill of exceptions, it will be seen that the only difference between the prior machine and the plaintiff's, in its combination and arrangement, and in its working and effect upon the leather, is that the metallic roller in the former had a smooth, and in the latter a figured surface. In all other respects the two machines were the same. But, as also appears in the bill of exceptions, this figured revolving roller was old, and the use of it in pebbling leather was also old and well known. Neither the plaintiff nor the defendant could claim any right to it as inventors. The same pebbled grain or finish, as described in plaintiff's patent, had already been produced on leather by subjecting it to pressure while rolling over the table on which the leather was placed. But this pressure was produced by means of hand devices. The field of invention was open to any person to construct new devices or machinery by means of which to operate this old instrument in 'pebbling leather,'–in the language of the patentee in this case, 'so as to accomplish the object desired with greater rapidity and cheapness.' And this the plaintiff would have accomplished by his machine if he had not been anticipated. But the case admits that evidence was given tending to show that the device or machine he has patented for the purpose, so far as used by the defendant, was the same as the Green machine, which was prior in date.

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