A Digest of Patent Cases. Embracing All Patent Cases, Decided in the Federal And State Courts From the Foundation of the Government, From 1789 to 1888
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81. " The presumption arising from silence where there is . . much interest to assert, an occasion to assert it, and the party intelligent and the results certain, if the facts warranted it, has far more strength than any preponderance in number of witnesses and literal statements made by them." Smith v. Fay et al., 6 Fish. P. C. 446.— Emmons, 1873. 83. Where an improvement has been patent- ed and an alleged prior use is set up, and as to the alleged prior user " you show that he is cni gaged i...n the very department of production where it is most important ; see him with the means in his hands to employ it if he knew how, and for years manufacturing in a differ- ent mode, with less accuracy and greater ex- pense, then, upon any principle of action, this is conclusive ihat this one man at least did not possess the idea. ' ' Roots et al. v. Hyndman, 6 Fish. P. C. 439.— Emmons, 1878. PEIOE USE. 611 83. " The mere previous knowledge or use of the thing patented, in a foreign country, will not defeat a patent issued here to an original in- ventor.
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