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CLARK THREAD CO. V. WILLIMANTIC LINEN CO., 140 U. S. 481 (1891)

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U.S. Supreme Court

Clark Thread Co. v. Willimantic Linen Co., 140 U.S. 481 (1891)

Clark Thread Co. v. Willimantic Linen Company

No. 31

Argued October 22-23, 1890

Decided May 25, 1891

140 U.S. 481

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF NEW JERSEY

Syllabus

The invention for winding thread upon spools, patented in Great Britain to William Weild by letters patent granted January 22, 1858, the specification being filed July 22, 1358, was published by the filing of the specification before Hezekiah Conaut discovered and invented the improvement in machines for winding thread on spools, secured to him by letters patent of the United States, of December 13, 1859 (but antedated June 22, 1859) and numbered 26,415, and consequently the use of Weild's invention in the United States does not subject the person using it to liability to pay damages to the owners of Conant's patent for such use, or to being restrained in equity from further using it.

A copy of a patent was attached to a deposition as an exhibit, and the deposition was read at the trial and was returned in the transcript as part of the record by the clerk of the Circuit Court, certified under the seal of the court. Held that although the deposition contained no express minute that the patent was offered in evidence, it must be received as so offered.





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