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McCORMICK MACHINE CO. v. AULTMAN

Nos. 130, 131.

169 U.S. 606 (1898)

McCORMICK HARVESTING MACHINE CO. v. AULTMAN. SAME v. AULTMAN-MILLER COMPANY.

Supreme Court of United States.

Decided March 21, 1898.

Attorney(s) appearing for the Case

Mr. Robert H. Parkinson for appellant.

Mr. Thomas A. Banning, (with whom was Mr. Ephraim Banning on the brief,) and Mr. Edmund Wetmore for appellees.

MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.

The validity of the claims in question depends upon the view taken of the action of the examiner in rejecting them when incorporated in an application for a reissue of the patent, upon the ground that the claims were wanting in patentable novelty, as evidenced by prior patents cited by him. No appeal was taken from this decision, and the matter lay in abeyance for nearly two years before...

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