APPEAL from the Circuit Court of the United States for the District of Maine.
This suit was brought by Jones, assignee of Winslow, against Clark, and revived after his death, against Sewall, his administrator. Jones alleged that Clark had infringed certain patents for an improvement in preserving Indian corn, granted to Winslow; and he prayed for an injunction and an account. A decree was rendered for the complainant. The defendant appealed.
Four patents were granted to Winslow; but it is only necessary to set forth two which were held good in the court below. The principal defence relied on was that they were void for want of novelty.
These two patents of Winslow and the specification of Durand's patent, which is mentioned in the opinion of the court, are as follows:--
'No. 34,928.
The United States of America, to all to whom these letters-patent shall come:--
'Whereas Isaac Winslow, of Philadelphia, Penn., has alleged that he has invented a new and useful improvement in preserving green corn (he having assigned his right, title, and interest in said invention to John W. Jones of Portland, Me.), which he states has not been known or used before his application; has made affirmation that he is a citizen of the United States; that he does verily believe that he is the original and first inventor or discoverer of the said invention, and that the same hath not, to the best of his knowledge and belief, been previously known or used; has paid into the treasury of the United States the sum of thirty dollars, and presented a petition to the Commissioner of Patents, signifying a desire of obtaining an exclusive property in the said invention, and praying that a patent may be granted for that purpose:--
'These are, therefore, to grant, according to law, to the said John W. Jones, his heirs, administrators, or assigns, for the term of seventeen years from the eighth day of April, one thousand eight hundred and sixty-two, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said invention, a description whereof is given in the words of the said Isaac Winslow in the schedule hereunto annexed, and is made part of these presents.
'In testimony whereof, I have caused these letters to be made patent, and the seal of the Patent Office has been hereunto affixed.
'Given under my hand, at the city of Washington, this eighth day of April, in the year of our Lord one thousand eight hundred and sixty-two, and of the independence of the United States of America the eighty-sixth.
'CALEB B. SMITH, Secretary of the Interior.
'Countersigned, and sealed with the seal of the Patent Office.
'[L. S.] D. P. HOLLOWAY, Commissioner of Patents.'
The schedule referred to in these letters-patent, and making part of the same, is as follows:--
'''To all whom it may concern:--
'Be it known that I, Isaac Winslow, of Philadelphia, in the county of Philadelphia and State of Pennsylvania, have invented a new and useful improvement in preserving Indian corn in the green state; and I hereby declare that the following is a full and exact description thereof:--