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TOPLIFF v. TOPLIFF AND ANOTHER

Nos. 220, 277.

145 U.S. 156 (1892)

TOPLIFF v. TOPLIFF AND ANOTHER. TOPLIFF AND ANOTHER v. TOPLIFF.

Supreme Court of United States.

Decided May 2, 1892.

Attorney(s) appearing for the Case

Mr. Henry S. Sherman for Topliff and another.

Mr. W.W. Boynton (with whom were Mr. John C. Hale and Mr. M.D. Leggett on the brief) for Topliff.

MR. JUSTICE BROWN delivered the opinion of the court.

As the court below failed to pass upon the Saladee patent in its decree, and as neither party has assigned this omission as error, it is unnecessary to take it into consideration upon this appeal. There are really but two questions involved in this case: (1) the validity of the Augur patent, in view of the state of the art; (2) the validity of the Topliff and Ely reissue.

(1) In the Augur patent the device...

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