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SHEPARD V. CARRIGAN, 116 U. S. 593 (1886)

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U.S. Supreme Court

Shepard v. Carrigan, 116 U.S. 593 (1886)

Shepard v. Carrigan

Argued January 20-21, 1886

Decided February 1, 1886

116 U.S. 593


When an applicant for a patent is compelled by the rejection of his application at the Patent Office, to narrow his claim by the introduction of a new element, he cannot, after the issue of the patent, broaden his claim by dropping the element which he was compelled to include in order to secure the patent.

The patent granted to Helen M. MacDonald, September 29, 1874, for an improvement in dress protectors, must be construed to include a fluted or plaited band or border as one of the essential elements of the invention, and is not infringed by the manufacture or sale of skirt protectors which have neither plaited nor fluted bands or borders.

This was a suit in equity to restrain an alleged infringement of letters patent.

The facts are stated in the opinion of the Court.

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