Passaic Zinc Co. v. Spear

U.S. Circuit Court for the District of Eastern Pennsylvania

Passaic Zinc Co. v. Spear

18 F. Cas. 1283, 32 Leg. Int. 362, 1875 U.S. App. LEXIS 1508

U.S. Circuit Court for the District of Eastern Pennsylvania·Decided October 4, 1875·Published

Opinion

McKENNAN, Circuit Judge.

The decisive question in this case is one of fact, and it would be a superfluous task to collate and discuss the proofs touching it. It is sufficient to say that they satisfactorily show that the process described and claimed in the complainants’ patent was practiced by others some time before the date of the patent, and the period anterior to that, when the patentee claims to have discovered it.

The bill must, therefore, be dismissed with costs.

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McKENNAN, Circuit Judge.

The decisive question in this case is one of fact, and it would be a superfluous task to collate and discuss the proofs touching it. It is sufficient to say that they satisfactorily show that the process described and claimed in the complainants’ patent was practiced by others some time before the date of the patent, and the period anterior to that, when the patentee claims to have discovered it.

The bill must, therefore, be dismissed with costs.

Passaic Zinc Co. v. Spear, 18 F. Cas. 1283, 32 Leg. Int. 362, 1875 U.S. App. LEXIS 1508 (circtedpa 1875).

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