U.S. Circuit Court for the District of Eastern Pennsylvania, 1875

Passaic Zinc Co. v. Spear

Passaic Zinc Co. v. Spear
U.S. Circuit Court for the District of Eastern Pennsylvania · Decided October 4, 1875 · McKennan
18 F. Cas. 1283; 32 Leg. Int. 362; 1875 U.S. App. LEXIS 1508
Passaic Zinc Co. v. Spear

Opinion of the Court

McKENNAN, Circuit Judge.

The decisive question in this case is one of fact, and it would be a superfluous task to collate and discuss the proofs touching it. It is sufficient to say that they satisfactorily show that the process described and claimed in the complainants’ patent was practiced by others some time before the date of the patent, and the period anterior to that, when the patentee claims to have discovered it.

The bill must, therefore, be dismissed with costs.

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