TERHUNE v. PHILLIPS


99 U.S. 592 (____)

TERHUNE v. PHILLIPS.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. L.L. Coburn for the appellant.

No counsel appeared for the appellee.


MR. JUSTICE SWAYNE delivered the opinion of the court.

The determination of this case is controlled by Brown et al. v. Piper, 91 U.S. 37. We cannot fail to take judicial notice that the thing patented was known and in general use long before the issuing of the patent. The substitution of metal for wood was destitute both of patentable invention and utility. The admission of improper testimony...

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