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GRANT V. WALTER, 148 U. S. 547 (1893)

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U.S. Supreme Court

Grant v. Walter, 148 U.S. 547 (1893)

Grant v. Walter

No. 187

Argued March 28, 1893

Decided April 10, 1893

148 U.S. 547


Letters patent, No. 267,192, issued November 7, 1882, to James M. Grant for "certain new and useful improvements in the art of reeling and winding silk and other thread" are void for want of patentable novelty, the alleged discovery being only that of a new use for the old device of a cross-reeled and laced skein, and while the fact that the patented article has gone into general use may be evidence of its utility, it cannot control the language of the statute, which limits the benefit of the patent laws to things which are new, as well as useful.

Features in a patented invention which are not covered by the claims are not protected by the letters patent.

In equity, to restrain the infringement of letters patent. Decree dismissing the bill, from which the plaintiff appealed. The case is stated in the opinion.

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