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FRENCH V. CARTER, 137 U. S. 239 (1890)

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U.S. Supreme Court

French v. Carter, 137 U.S. 239 (1890)

French v. Carter

No. 68

Argued November 12, 1890

Decided November 24, 1890

137 U.S. 239

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Letters patent No. 244,224, granted to Hamline Q. French, July 12, 1881, for an improvement in "roofs for vaults" are invalid in view of the state of the art, for want of patentable invention, it requiring only mechanical skill to pass to the patented device from what existed before, the question being one of degree only as to the size of the component stones.

A prior foreign publication is competent as evidence in regard to the state of the art, and as a foundation for the inquiry whether it required invention to pass from a structure set forth in the publication to the patented structure.


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