MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.
By section 4900 of the Revised Statutes, (which by virtue of section 4933 applies to patents for designs,) it is made the duty of every patentee or his assigns, and of all persons making or vending any patented article for or under them, to give sufficient notice to the public that it is patented, by putting the word "patented" upon it, or upon the package enclosing it; "and in any suit...
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